Value of man's home fell by €90k after neighbour cut down seven 50-feet high trees, court hears
Published 10/03/2016 | 17:09
A Dublin company manager has told a court the value of his home fell by €90,000 after a neighbour cut down seven 50-feet high trees close to their common boundary and strongly trimmed back four others.
Dermot P. McArdle told the Circuit Civil Court that in September last he had been trying to sell his property at The Pine Trees, Kilgobbin Road, Stepaside, Dublin, and had been shocked to find his next door neighbour Colin Kilgannon, of Sans Souci, Kilgobbin Road, had carried out the tree felling.
McArdle told his barrister Andrew Walker that he and his wife, Margo, had been living at a different address at the time and had been unaware of Kilgannon's plans.
He said that before the incident his property had been valued at nearly €900,000, but a last purchase offer had shown the property valuation had been reduced to €810,000.
Kilgannon claimed McArdle had given him permission to cut down the trees, the roots of which were underlying his property and causing damage to his house foundations. McArdle denied having granted such permission.
Barrister Angus Buttanshaw, counsel for Kilgannon and his wife, Jelena told Circuit Court President, Mr Justice Raymond Groarke, that according to a surveyor's map the trees were on Kilgannon's property.
McArdle told the court that in 1968 he had planted the trees on his property. The Kilgannons had bought Sans Souci in December 2014.
There had been talks between McArdle and Kilgannon last September about removal of the trees. McArdle denied having given Kilgannon permission to cut down the trees and had told Kilgannon, that since he was selling The Pine Trees he, Kilgannon, might have to deal with new neighbours.
Kilgannon said his wife Jelena was seven months pregnant at the time and was very distressed about the trees causing damage to their house. The court heard that after McArdle allegedly agreed to the trees being removed, Kilgannon went and cut them down himself.
The case continues.