Hedge blocking light

hn

I have a west facing back garden 30 feet long and downhill from my neighbour's garden behind. When we cut down the cypress leylandia trees which were along the boundry ( blocking light) the neighbour planted a griselinia hedge. The hedge is now 16 ft high. The neighbour is not willing to lower it. Have we any rights ? There is a safety issue for my husband cutting it ? Does anyone have any knowledge or advice that would benefit ? HN

mikemac

They obviously want their privacy and if you cut this hedge down they'll replace it with something else.

I'd say the legal forum is your best bet to get advice

muffler

micmclo wrote:

I'd say the legal forum is your best bet to get advice

Correct - moved

Tom Young

If the plant is encroaching on your property and causing a nuisance you are entitled to abate the nuisance, but only the parts affecting your property not the entire plant. In saying that, if the roots of a tree are there technically that can also be abated/removed.

Sonnenblumen

You have no rights to light, but as a previous poster stated you are entitled to remove any unwanted branches and roots (consider them underground branches) which encrosch on your property. Some caution is required concerning the roots, so as not to undermine the viability of the neighbour's planting/hedging.

Rhonda9000

Sonnenblumen wrote:

You have no rights to light, but as a previous poster stated you are entitled to remove any unwanted branches and roots (consider them underground branches) which encrosch on your property. Some caution is required concerning the roots, so as not to undermine the viability of the neighbour's planting/hedging.

"The only flow of light to which a landowner is entitled at common law is that which comes directcly from above the property. While there is no automatic right to lateral flow of light from across neighbouring land, such a right can exist as an easement" [Coughlan]

UrbanFox

Isn't the easement created by prescription as where the light has been enjoyed for at least twenty years continuously ?

On the assumption that the leylandii (sp?) were on the OP's property and already blocking light does that evidence effectively estop any claim for light ?

Rhonda9000

UrbanFox wrote:

Isn't the easement created by prescription as where the light has been enjoyed for at least twenty years continuously ?

On the assumption that the leylandii (sp?) were on the OP's property and already blocking light does that evidence effectively estop any claim for light ?

I don't know and I'm not going to hazard a guess as to OP's case. I only wanted to mention that there while there is no common law right to light, the right may exist in the form of an easement. Can such an easement (i.e. for light) also be created expressly by deed or statute?

ircoha

http://property.rte.ie/advice_news/article_detail.asp?cate_id=&subcate_id=125&news_id=1378

Rhonda9000

LOL ircoha - is that an unorthodox solution you are proposing??

muffler

Sonnenblumen wrote:

You have no rights to light

You do actually - but I take it you are referring to a garden rather than a dwelling house