Can we be forced to agree to the removal of our tree even though it has not been proved that ours is the culprit? The damage could have been caused by any of the three trees, or by none of them. While we are not being held liable for current damage, could we be held up for any future damages or claims?
KR, by e mail
You can be forced to remove trees from your property where they are shown to be causing damage to neighbouring property. You could also be held liable for the costs of repairing the damage caused to other properties. You should first ask for a copy of the report from the arboriculture company and then contact your solicitor in relation to this report. All that is necessary is for the neighbour to prove that your tree is causing the damage “on the balance of probabilities”. This means that the report could potentially be used as grounds for an action against both yourself and the neighbour who also has the trees.
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If the removal of the trees were to cause more problems, the arboriculture company should be asked to advise you how to minimise any damage, to your satisfaction. Unfortunately, however, you could be held responsible for these problems too. Your solicitor will be able to advise you as to whether you should cut your losses at an early stage on the basis of the report of the arboriculture company. Alternatively, he might advise that you should obtain your own report from a tree surgeon, who might be able to recommend a mutually acceptable compromise.
Conor McGowan is a solicitor practising at Merchants Hall, 25/26 Merchants Quay, Dublin 8