Neighbours massive Cherry Blossom tree blocking sunlinght

1580Steve

Hi all, I recently bought a house in Crumlin with a long back garden witch backs on to 5 back gardens in a weird shape! I have finally got around to trying to clean up the end of the garden which would be a great sun trap apart from the back garden which backs onto the left of of mine has this massive tree taking up the whole garden and blocking a lot of the sunlight. The tree is taller than the house and hangs over into other neighbours gardens but not mine. Since I am new in the area and don't know many people I don't really want to go knocking on doors! The back garden is totally over grown and neglected and I was wondering if there is anything I can do to get this tree cut back or where do I stand? Any information would be great. Thanks

mike65

You can do nothing.

mikom

Did you see the tree when you viewed the house?

1580Steve

Nothing at all??? The size of the tree is worrying and when I viewed to house the back part of my garden was in a terrible state which I have been working on to clean up. If the house(the one with the tree) is rented from the Council could they do something about it???

mike65

Well unless you can show its some sort of hazzard I really don't see how you can demand something to be chopped down/cut back in a property not your own.

1580Steve

I can see your point Mike, are you sure you don't live behind me and have a big tree out your back!!!! So if there is a chance it will fall over and damage someones property they might have to do something about it?

Ellechim

we have large trees on some open space behind our house which blocks light into our house and we have approached the council to trim them which they have done. So, if the property is a council owned house you might have some joy if you go to the council. Otherwise not.

However, I believe cherry blossoms only live for about 30 years so there might be some light at the end of the tunnel so to speak (phnar phnar)

1580Steve

I think its a cherry blossom, the ones with pink flowery leafs that blow off and go everywhere!!! 30 years???? This tree is massive so must be nearly dead by now if thats the case. So if it does die will it just wither away or will branches fall off in bad weather, if so it cound be dangerous.

The next question is how do I find out if it's a Council property?

dh0661

AFAIK you can, legally, cut any branches that over hang your garden and put the branches back into the garden that owns the tree.

Kitsune9tails

Why not learn to love the tree!!!!
Cherry trees are so pretty:D The Japanese are mad for them and for good reason.:p

Lex Luthor

dh0661 wrote: »

AFAIK you can, legally, cut any branches that over hang your garden and put the branches back into the garden that owns the tree.

now thats something I'd like to see in writing

Sonnenblumen

1580Steve wrote: »

Hi all, I recently bought a house in Crumlin with a long back garden witch backs on to 5 back gardens in a weird shape! I have finally got around to trying to clean up the end of the garden which would be a great sun trap apart from the back garden which backs onto the left of of mine has this massive tree taking up the whole garden and blocking a lot of the sunlight. The tree is taller than the house and hangs over into other neighbours gardens but not mine. Since I am new in the area and don't know many people I don't really want to go knocking on doors! The back garden is totally over grown and neglected and I was wondering if there is anything I can do to get this tree cut back or where do I stand? Any information would be great. Thanks

Unfortunately you do not have any right to light so pursuing cut back of tree will only be possible with consent of tree owner. Authorities will only cut back trees where there is clear threat to public safety, dangerous etc but unfortunately interference with sunlight would not qualify.

As others have indicated you are quite entitled to cut back to boundary line any overhanging branches and if you wish you can also leave the offcuts with the tree owner.

Sometimes owners are amenable to meeting requests from neighbours but not always, count your blessings that the tree is pretty in bloom and deciduous. A similar situation with an evergreen tree tends to make matters more acute.

Kenn sprinter

dh0661 wrote: »

AFAIK you can, legally, cut any branches that over hang your garden and put the branches back into the garden that owns the tree.

Lex Luthor wrote: »

now thats something I'd like to see in writing

I think you will find that first quoted post is actually correct.

Sleipnir

Well the problem, as you say in your original post is that you just don't like it as the back of your garden would be a sun trap without it. Also saying "it could be dangerous" won't cut the mustard when trying to have someone cut it down as, well, we'd pretty much need to cut down all trees!

First thing you need to do is find out who own it and then approach them about it, but you don't want to do that.
If it's a council house, they may trim it back but I doubt they'll get rid of in entirely for you.
If it's a private house then the council won't have anything to do with it unless it's overhanging public property.

If it's still flowering and budding, it's not dead so again the "it might be dangerous" wouldn't work.

You want your neighbour to cut down his tree so you're going to need to speak to him about it!


**EDIT** Oh and my Cherry Blossom tree is about 75 years old. It's also in Crumlin!

1580Steve

Thanks for all the replies, I will try and find out who owns the tree and see about getting it cut back. If affects a couple more neighbours, probably more than me with branches hanging into thier gardens so maybe between us we can come to some arrangement.

Lex Luthor

Kenn sprinter wrote: »

I think you will find that first quoted post is actually correct.

maybe it is, but is it written anywhere

1580Steve

I have read that in quite a few posts too.

RPGGAMER

if it was really bad i would sneak in in the dark and saw it down. but i couldnt do that to a tree. if it was an inanimate thing like a wall or something then you could smash it up but not a tree, you couldnt really..

1580Steve

RPGGamer the size of this tree is bigger than a house and is the width of the garden so it would take a fair bit of sawing down and I think would definately need to be done professionall to stop it falling on next doors extension or into a neighbouring garden!

Overheal

Pics?

Keeping in mind the Tree might not block light at all times of day, or at all times of year. Though realistically you should thinking about Shade-faring plants as opposed to full sun plants.

The Sweeper

Lex Luthor wrote: »

maybe it is, but is it written anywhere

Go find a copy of McMahon & Binchy's Law of Torts 3rd edition from 2000.

Apparently page 687 of that states something along the lines of:

"The principles of law are, however, are reasonably clear. Where the encroachment of tree roots [or branches] onto the property of a neighbour causes damage, this constitutes a nuisance, which entitles the injured party in an appropraite case to seek damages or an injunction or to abate (ie. reduce or remove) the nuisance himself or herself. Moreover, he or she need not wait until damage is done: he may take protective action by cutting the roots as soon as they project into his property...
Where a branch encroaches onto another's property and causes damage, the occupier of that property will have the same remedies as in the case of encroaching roots."

I got that from another citation, however, not the actual publication, and there's no chance of me getting a hold of it over here...

Regarding the "Right to Light":

Interestingly, the website myhome.ie states the following regarding the 'right to light':

"What you plant in your garden is up to you. The local council or corporation will only intervene and cut down trees when they are considered to be a danger to road users or nearby buildings. The ESB have also a right to trim trees and overhanging branches if they pose a threat to supply wires. Large trees in a garden can cause problems with neighbours as roots and branches don't recognise boundaries. If your neighbour's tree is growing over into your garden you can trim the overhanging branches but you don't have the right to cut it down. In a case where there is a dispute between neighbours about an overshadowing tree you can go to court to assert your "right to light". You will have to prove that a tree that has grown to such a height over a period of time and has put part of your garden in the shade. The court will then judge whether your neighbour must remove part or all of the tree."

http://www.myhome.ie/residential/advice-centre/1021-1114-1440/stress-free-building.asp

I wondered where they'd got that from, and found that chapter four of the The Law Reform Commission's report on the ACQUISITION OF EASEMENTS AND PROFITS À PRENDRE BY PRESCRIPTION looks into the notion of an 'easement of light' as follows:

CHAPTER 4: RIGHTS OF LIGHT

4.01

The Prescription Act 1832 treats easements of light, that is, “the right to the access of light to a defined aperture or window,”104 differently from other easements and profits. This was perhaps because easements of light were the most difficult to establish at common law, as it can usually be shown that the building to which the light comes has not been standing since 1189. The Act provides that where the access of light to a building has been enjoyed without interruption for twenty years next before some suit or action, the right becomes “absolute and indefeasible”. Therefore, it is easier to acquire an easement of light under the Prescription Act 1832 than to acquire any other kind of easement. A claim will only be defeated where consent was given in writing or by deed.

This example more addresses your right to light in the context of someone applying to erect some structure that would block light that you've always had to an existing window, but it does suggest that there is some premise for you to argue a right to light in the courts.

That premise, however, probably wouldn't be applicable in the case where you've purchased a house where an existing neighbour's tree was already present, you saw it when you bought the house, it hasn't changed size or shape much and it was there long before you were. (In that case, it's probably caveat emptor!)

If anyone wants me to, I shall apply to the resident boards.ie law people and request the text and citation for existing Irish law regarding overhanging branches between neighbours?

bugsntinas

i'm not an old moaner or anything but that tree was there long before you moved in.if it is taller than the house then your garden must have been well overgrown for you not to have seen it:eek:.
it really bugs me when people move into a new property then demand that trees etc be removed.recently a motor racing track was shut down because new home owners complained about the noise even though the track was there first.
live with it it's also taking the ****e out of the air we breath.
rant over

gsxr1

bugsntinas wrote: »

i'm not an old moaner or anything but that tree was there long before you moved in.if it is taller than the house then your garden must have been well overgrown for you not to have seen it:eek:.
it really bugs me when people move into a new property then demand that trees etc be removed.recently a motor racing track was shut down because new home owners complained about the noise even though the track was there first.
live with it it's also taking the ****e out of the air we breath.
rant over

was that croft. I hear its under threat .

Mondello are under the same threat. A**holes who have moved there over the last 10 years think that Mondello should be closed. They knew fine rightly that they where moving beside a race track.

The track is now restricted to the amount of hours of use.

To the OP. If you where my new neighbor and just bought a house beside mine. Knowing fine rightly there was a massive tree there.

Then forced me to move it. I would be gunning for you .. forever. You will make a very close enemy . Neighbor feuds can get very nasty

Its not on .