On this week’s So You Think You’re an Adult, one woman’s husband wants to take legal action against their neighbour over a tree. 

“We had a massive tree that used to sit between two houses on our road,” she told Moncrieff. 

“Half of it was in our garden and my husband loved it - for Christmas he had it covered in lights, and during the summer we would often put garden furniture underneath it.” 

While her husband loved the tree, her neighbour wasn’t a fan as the tree blocked lighting into his house. 

“On Sunday, we arrived back from a weekend away to find out that our neighbour had cut down my husband's beloved tree,” she said. 

“He was told because the tree was blocking the light, he had every right to cut it down... my husband now wants to seek legal advice for removing something that was half on our property. 

“I don’t want to sue the neighbours over a tree, but every time I try to reason with my husband, he flies off the handle. 

“Can you please help me prevent World War III on my road?” 

Root boundaries

Writer Barbara Scully said the husband and wife need to properly consider where the tree had been before taking any legal action. 

“The tree is probably rooted in one or another garden, unless it’s bang on the boundary,” she said. 

“If it’s on [the neighbour's] side, they are entitled to cut it down, even if the more neighbourly thing was to cut it on the side that was blocking the light. 

Broadcaster Declan Buckley suggested since the neighbour waited until the couple were away, the root of the tree could be on their property. 

Barbara said if that is the case, then the listener and her husband can certainly charge the neighbour for trespassing. 

“We recently had a tree in our neighbours' garden, and we asked if they would mind if we took some of the height off it and they didn't mind but we had to get permission to enter their property,” she said. 

'You're not getting the tree back'

Barbara noted, however, legal action over a tree might not be worth it. 

“Taking legal action isn't going to make the tree reappear overnight,” she said. 

“If you take legal action, you're going to set up all kinds of hassle going forward. 

“When you live in an urban area close by your neighbour, it’s so important you get on.” 

Declan pointed out the husband doesn’t initially seem like someone you can easily reason with. 

“His inability to listen to his wife is revealing,” he said. 

“Maybe the neighbour tried to approach before, and he got the no.” 

Declan recommended going to treecouncil.ie to find out more information about their rights.