Trees for Smaller Gardens
Even the smallest plot can accommodate a tree
Just because your garden is small, don’t think that you can’t have trees. One of the
advantages of planting trees is that there is a species to fit every location, regardless
of size. Many people with small gardens only have space for one tree so choosing
the right one is important. When planting in small enclosed spaces, it is advisable to
plant trees that have a small crown spread. Eventual height is an important factor
too. Even small ornamental trees may, over time, reach a height of 6-7m or more. If
you only have room for one tree ideally look for one with more than one feature or
season of interest such as coloured bark or fruit or autumn colour following on from
flowers.
20 Trees for the Small Gardens
Native Trees
Strawberry tree (Arbutus unedo) –
Slow growing evergreen with shredding brown bark and dark green, leathery leaves.
Clusters of pinkish white, pitcher-shaped flowers and red strawberry-like fruits are
borne together in late autumn and winter. Height 5m.
Spindle (Euonymus europaeus) –
Although inconspicuous for much of the year, this small tree is very showy in autumn
and early winter when the leaves turn blazing scarlet and masses of rose-red
capsules split open to reveal orange seeds. Height 4m.
Silver Birch (Betula pendula) –
Distinctive silvery-white, peeling bark that becomes marked with black, rugged
cracks as it gets older. In spring, yellow-brown male catkins appear and in late
autumn the diamond-shaped, bright green foliage turns yellow before falling. Height
12m. Betula pendula ‘Youngii’ is a weeping form that develops a mushroom-headed
habit with branches reaching to the ground.
Rowan (Sorbus aucuparia) –
Choose the fastigiate form. Leaves turn deep, fiery red and yellow in autumn. Sprays
of white flowers cover the tree in late spring, followed by bunches of red berries in
autumn. Height 8m.
Yew (Taxas baccata) –
Choose the columnar or fastigiate form. Slow growing coniferous tree forming a
dense, compact column. Height 3m.
Ornamental Trees
Snowy mespilus (Amelanchier lamarckii) –
Stunning white, starry flowers in springtime followed by edible, purple black fruits.
Leaves turn from bronze in spring to green in summer to brilliant red and orange
during autumn. Height 8m.
Ornamental sycamore (Acer pseudoplatanus ‘Brilliantissimum’) –
Leaves open salmon-pink in spring turning yellow-green by summer. Clusters of
yellow-green spring flowers. The tree has a lolly-pop, spreading form. Height 8m.
Crab (Malus ‘Evereste’) –
White flowers in late April are followed in autumn by orange-yellow fruits. The fruits
are inedible but will nourish local birdlife. Height 7m.
Paperbark maple (Acer griseum) –
Cinnamon-coloured bark flakes and peels to reveal orange colouring underneath.
Brilliant red and orange autumn colour. Height 6m.
Himalayan birch (Betula utilis ‘Jacquemontii’) –
Trunk and branches are a luminous white. Glossy dark green leaves turn yellow in
autumn and yellow-brown male catkins appear in early spring. Height 12m.
Weeping pear (Pyrus salicifolia ‘Pendula’) –
Very elegant tree which forms a dense mound of weeping branches. These are
clothed with downy, silvery grey, willow-like leaves. White flowers in April followed by
small brown fruits in autumn. Height 7m.
Red-flowered hawthorn (Crataegus laevigata ‘Paul’s Scarlet’) –
A thorny tree bearing clusters of dark pink, double flowers in May and June followed
by small red (inedible) fruits in autumn. Height 8m.
Japanese flowering cherry (Prunus ‘Amanogawa’) –
A narrow, upright tree ideal for restricted spaces. Young leaves are bronze-green,
turning green in summer. The large semi-double, soft pink flowers, which are slightly
fragrant, are borne in dense clusters in April or May. Height 8m.
Snake-bark maple (Acer pensylvanicum) –
Trunk and branches streaked green and white and brilliant yellow autumn leaves.
Height 6m.
Kashmir rowan (Sorbus cashmiriana) –
Many fingered, green leaves turn russet and gold in autumn. In late spring, the tree
is covered in clusters of pink or white flowers, followed by large white berries which
last well in to winter. Height 6m.
Purple-leaved plum (Prunus cerasifera ‘Nigra’) –
Dark red foliage changing to deep purple on purple stems, contrasting dramatically
with masses of pink flowers in March and April. Height 10m.
Laburnum (Laburnum x watereri ‘Vossii’) –
Masses of long, pendulous, lightly scented clusters of yellow flowers up to 30cm
long smother the tree in late spring. Note – all plant parts are poisonous if ingested.
Height 8m.
Kilmarnock willow (Salix caprea ‘Pendula’) –
A dwarf growing, dense-crowned, weeping willow with stiff, pendulous branches.
Grey and yellow catkins are borne in spring. Height 2-3m
Crab (Malus ‘Royalty’) –
Large deep pink flowers in spring followed by exceptionally bright red-purple fruits in
autumn. Glistening, rich purple leaves. Height 6m.
Japanese maple (Acer palmatum ‘Osakasuki’) –
Grown mainly for its spectacular autumn colour, this is perhaps one of the best of all
the maples. It has an open habit, and its large, seven-lobed, bright green leaves turn
brilliant scarlet in autumn and last for several weeks. Height 6m.
Trees and the Law
Trees and hedges are one of the most common causes of neighbour disputes. A tree
that is one person’s pride and joy can sometimes be a source of worry and
frustration to their neighbours. The rights and responsibilities of tree ownership are
complex. The owner of land on which a tree is growing is responsible for its safety
and maintenance. The best way to resolve problems with trees or hedges growing in
adjacent properties is to talk to your neighbours. Try to keep the discussion friendly
and come to an amicable agreement. If this fails you may have to resort to arbitration
or litigation, both of which could prove costly. The following provides a general
overview of some of the most frequently asked questions. Professional legal advice
should be sought in complex issues relating to trees and the law.
My neighbour’s tree is overhanging into my garden. Do I have the right to
prune back the branches?
A landowner may cut off any tree branches which over-hangs his/her property
without giving notice to the owner of the tree, but may not cut down the tree or enter
on to the land of the tree owner without permission. In so doing, the landowner must
take care not to render the tree dangerous and may only cut on the side of and up to
his/her boundary line. It is unlawful to ring bark or otherwise injure trees in such a
manner as to cause them to die or decay. All cuttings must be given back to the
owner of the tree, or at least offered back. If the owner of the tree doesn’t want the
cuttings, they must be disposed of in a responsible way and should not be left in the
tree owner’s property without permission.
What can I do about roots encroaching from a tree growing in an adjoining
property?
The rights to cut the roots of any tree which encroach from the land of a neighbour
are similar to those governing the cutting of branches. Great care is needed to avoid
rendering the tree unstable and liable to windblow. There is no legal right to poison
encroaching roots. If the roots are damaged, and the tree injured then the person
using toxic substances may be liable. If it is proven that the encroaching roots
caused damage to a property, then an action may be brought against the owner.
Neighbour has the right to abatement.
My neighbour’s tree/hedge is far too high – what can I do?
There are no height limits for either hedges or trees and there is no legislation
currently available in Ireland to enforce a height restriction.
A tree outside my house blocks the light in my garden, do I have a right to
light?
Right to light is a specific and complex legal matter and you should seek
independent advice on this. A right to light exists only if the owner of a house can
satisfy a court that he or she has enjoyed the uninterrupted use of that light for a
period of greater than 20 years, before any legal action is brought about the light.
This however, only applies to the windows of a property and not to a garden.
What is a Tree Preservation Order?
Tree Preservation Orders (TPOs) may be made under Section 45 of the Local
Government (Planning & Development) Act 1963 and subsequent acts. Part Xlll of
the Planning and Development Act 2000 sets out the provisions for TPOs. A TPO
can be made if it appears to the planning authority to be desirable and appropriate in
the interest of amenity or the environment. A TPO can apply to a tree, trees, group of
trees or woodland. The principle effect of a TPO is to prohibit the cutting down,
topping, lopping or wilful destruction of trees without the planning authority’s consent.
The order can also require the owner and occupier of the land subject to the order to
enter into an agreement with the planning authority to ensure the proper
management of the tree, trees or woodland.
Other legal frameworks for the protection of trees include Development Plans and
Planning Controls. Under the Planning Acts, the Local Authority must produce a
development plan for its area. This can include objectives for preserving, improving
and extending amenities. These objectives can include the preservation of trees and
woodland. Preservation is achieved by the operation of planning controls and tree
preservation orders. Planning permission can be refused, if the proposed
development would result in the destruction of trees whose preservation is
considered to be essential in the interests of amenity or can be granted subject to
conditions eg. retention of specific trees or planting of new trees.
What procedures apply to the felling of trees?
The Forestry Act 1946 contains the main provisions for the felling of trees. Under this
Act, it is an offence for any person to uproot or cut down any tree, unless the owner
has obtained permission in the form of a felling licence from the Forest Service.
Application for a Felling Licence is made on a Felling Notice form, available from
Garda Stations.
A Felling Licence is not required in any of the following circumstances:
Trees in a city, borough or town council area (contact the Forest Service for a current
list)
Any trees including hazel, apple, plum, damson, pear or cherry tree grown for the
value of their fruit and also salix spp.
Trees within 30.5m (100ft) of a building or permanent structure
Trees excluded by Local Government legislation and utilities legislation
A Limited Felling Licence allows the applicant to fell the trees approved by the
Minister and can be exercised over a period of two years. Conditions such as
replanting to replace the trees are often attached. A Prohibition Order may prohibit
the felling of all or any of the trees specified in the felling notice. The Forest Service,
Department of Agriculture and Food, Agriculture House, Kildare Street, Dublin 2 is
the forest authority responsible for forest policy and the control of tree felling
including the implementation of the Forestry Act.
What can I do if I think my neighbour’s tree is dangerous?
The owner of a tree which is a danger to the occupiers of adjoining land, or to people
lawfully using a public way, is liable for any damage that it causes providing that
negligence is proved against the owner. Owners should inspect their trees regularly,
calling in professionals if necessary. The Local Authority may notify the owner in
writing if the tree is or likely to be a hazard and require him/her to take appropriate
action. If the owner does not comply, the Local Authority may take the necessary
action required and the owner is then liable for any costs incurred by the Local
Authority resulting from the action.
Whilst a tree can never be regarded as completely safe, at the same time it cannot
be regarded as dangerous simply because of its size. Sometimes there are other
signs that a tree may not be safe, in which case you should approach your neighbour
to discuss your concerns. If you are worried about underground damage by roots, or
subsidence, you will need to provide your neighbours with evidence that it is their
tree that is causing the problem. You may need to employ a surveyor and /or tree
professional for this purpose. It may also be prudent to discuss the matter with your
property insurers.
Further Reading on Trees and the Law
Trees, Forests and the Law in Ireland. Damian McHugh and Gerhardt Gallagher
(Coford, 2004).
Available only from Government Publications Office, Sun Alliance House,
Molesworth Street, Dublin 2. Telephone 01-6613111 or by mail order from
Government Publications, Postal Trade Section, Unit 20, Lakeside Retail Park,
Claremorris, Co Mayo. Tel: 01 647 6834. Fax: 094 937 8964.
Email: pubsales@opw.ie
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