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Neighbours planting trees blocking light

  • 25-02-2010 9:27pm
    #1
    Little MoS
    Closed Accounts Posts: 5 ✭


    Just about to finish building my new home and my neighbours are starting to plant a row of trees that will eventually block our evening sun light and our view. These are troublesome neighbours who only use the field for agricultural purposes and their house isn't anywhere near the trees or our house, we can't even see their house.
    Is there anything I can do to stop them what are my rights? If they are approached they wouldn't even listen to us.


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Yep - Visit a solicitor.


  • #3
    Little MoS
    Closed Accounts Posts: 5 ✭Little MoS


    Thanks for replying. Have you had previous experience with this problem


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Personally in relation to my property, no. I have worked on such matters in a professional capacity.

    Thus, I think the devil is and will be in the detail(s). Regardless of your view of whether or not the neighbours are acting in a nefarious fashion, they may be acting lawfully.

    Best bet - Solicitor.

    Tom


  • #5
    boatbuilder
    Registered Users Posts: 624 ✭✭✭boatbuilder


    I'd approach them first yourself and in a friendly way try to explain why you have a problem with the trees. Then depending on the reponse, take it from there. They'd probably prefer to be talked to first before getting a solicitor's letter which will only make them angry.


  • #6
    maidhcII
    Closed Accounts Posts: 72 ✭✭maidhcII


    Little MoS wrote: »
    Just about to finish building my new home and my neighbours are starting to plant a row of trees that will eventually block our evening sun light and our view. These are troublesome neighbours who only use the field for agricultural purposes and their house isn't anywhere near the trees or our house, we can't even see their house.
    Is there anything I can do to stop them what are my rights? If they are approached they wouldn't even listen to us.

    The new Land and Conveyancing Law Reform Act has a new kind of district court order which you can get to deal with this (potentially).

    You will need a solicitor, but the good news it will be far cheaper than getting an injunction!


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  • #7
    onq
    Closed Accounts Posts: 435 ✭✭onq


    Little MoS wrote: »
    Just about to finish building my new home and my neighbours are starting to plant a row of trees that will eventually block our evening sun light and our view. These are troublesome neighbours who only use the field for agricultural purposes and their house isn't anywhere near the trees or our house, we can't even see their house.
    Is there anything I can do to stop them what are my rights? If they are approached they wouldn't even listen to us.

    You cannot stop people planting trees, unless for them to do so would interfer with your rights or established rights of members of the public.

    Your rights could include rights of drainage outfall, such as a drain passing under land on which the trees are being planted, where it could be argued it is reasonably foreseeable that the roots could affect the drain.

    You might try and make a case for ancient lights, but these take a while to develop.
    IIRC Rights to Ancient Lights are dealt with under the 1832 prescription act and any rights so acquired may be quite specific and relate to particular windows in particular walls, for example.

    One test case for rights to light rested on a Jeweller as I understand it and centred on a quality of light he needed to carry on his trade. Whether this still holds in a era of excellent artificial light is questionable.

    In planning terms the issues may centre on whether the neighbours trees interfere with a listed view or prospect, which while unlikely to be centred on your dwelling may preclude him from planting the trees regardless.

    Other issue arising is the quantum of light availalbe to your dwelling which used to be tested by establishing X hours of continuous light on a particular day of the year but which I think may have been overtaken by the de facto use of another BER or other standard.

    There may be other routes to a case of which I am unaware.

    For the avoidance of doubt, I am architecturally, not legally trained, but some of these issues arise during the course of my professional work.

    ONQ.


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