Anyone is entitled to cut down branches of trees which overhang their property from a neighbour's garden, Judge Elizabeth Dunne said in the Circuit Civil Court yesterday.
But in awarding a Dublin couple £2,500 compensation and damages for trespass, she told Mr John Ryan, a laundrette owner, that he had cut down far more than he was legally entitled to of his neighbours' trees.
Mr Myles and Mrs Josephine Golden, St Mary's, Ashdale Park, Terenure, Dublin, had sued Mr Ryan, of Terenure Road, Dublin, for loss and damage as a result of trespass.
Judge Dunne said Mr Golden had agreed to have branches overhanging Mr Ryan's property cut back, and no difficulties would have arisen had not Mr Ryan taken matters into his own hands.
Mr Ryan's workmen had not only cut back overhanging branches, they had engaged in the wholesale destruction of a 20ft elderberry planting to the rear of the Golden household garden.
Judge Dunne told Mr Kevin d'Arcy, counsel for Mr and Mrs Golden, that it was manifestly clear to her that Mr Ryan's workmen had committed a trespass in cutting down far more than they had been entitled to.
Mr d'Arcy had told the court that three of his client's elderberry trees, each 20 feet high, had been reduced to 3ft stumps.