Trees overgrown and blocking view and light

sandrahug

I would like to know are my neighbours allowed to grow trees in the front of their garden when the deeds of my house says no trees or shrubs or walls are allowed to be errected. i dont know if their deeds are the same as ours but the houses i live in are all similar and were built the same time, if the deeds do say the same on his does this mean that he shouldnt have these horrible trees, bushes hiding my lovely view of dublin mountains, but the funny thing is on their side of the view of the mountains they havent grown anything so they get the best of both worlds. thank you

sawdoubters

you can cut overgrowing branches from your side only you cant go onto their land,
http://singletrackworld.com/forum/topic/tips-for-killing-a-neighbours-tree-off-slowly-please

Wheelnut

Is there not something in law that says you have no legal right to a view?

If there is something in the purchase agreement that forbids them from growing trees, it's a matter for the other party to the agreement to enforce it, ie the developer.

Grolschevik

There is a right to light. But it depends on the specific circumstances. You should ask a solicitor.

Coincidentally, it's the cover story in the new Law Society Gazette:

http://www.lawsociety.ie/Gazette

the_syco

Talk to your solicitor if he can get the deeds of the other house? It doesn't cost that much; http://www.citizensinformation.ie/en/housing/owning_a_home/buying_a_home/property_deeds.html

Wheelnut

She does not seem to be complaining about her right to light, it's her right to a view and the possible enforcement of conditions in her (or their) purchase agreement.

hullaballoo

Wheelnut wrote: »

She does not seem to be complaining about her right to light, it's her right to a view and the possible enforcement of conditions in her (or their) purchase agreement.

Thread title suggests otherwise.

Wheelnut

hullaballoo wrote: »

Thread title suggests otherwise.

Yes it does but there's nothing about it in the body of the question. That's why I wrote "she does not seem to be complaining about her right to light"

Jeep Jeep

sandrahug wrote: »

I would like to know are my neighbours allowed to grow trees in the front of their garden when the deeds of my house says no trees or shrubs or walls are allowed to be errected. i dont know if their deeds are the same as ours but the houses i live in are all similar and were built the same time, if the deeds do say the same on his does this mean that he shouldnt have these horrible trees, bushes hiding my lovely view of dublin mountains, but the funny thing is on their side of the view of the mountains they havent grown anything so they get the best of both worlds. thank you

Have a word with the local garda sergeant that should be the first port of coil

sandrahug

thank you everyone for your replies,, it was the right to a view,, if my neighbours didnt grow their bamboo trees and hedges trees etc,, the view from my sitting room would be lovely of the dublin mountains i live in leopardstown so the view is very close, what makes me mad is that on their side of the view they have nothing growing so they can view the mountain when ever they want, my neighbour is big into forestry and trees its his buisness but his buisness is down in kerry so he only visits here. you would want to see his back full of overgrown trees and they are blocking the light from my back but he knows his rights when it comes to trees etc

sandrahug

How can the garda sergent help. i thought this sort of things are only dealt with by solicitors ( which can be really expensive) or the local authority DLR im so confused as to what are my rights

234

Jeep Jeep wrote: »

Have a word with the local garda sergeant that should be the first port of coil

Is this a joke?

OP, the gardai have absolutely nothing to do with this.

There may be covenants as between the two properties which might deal with this. As with all land issues, it's very case specific and needs a solicitor if the issue is to be resolved legally.

You are in the best position to judge the most suitable way forward. If you can resolve this informally then do.

Wheelnut

sandrahug wrote: »

... i thought this sort of things are only dealt with by ... the local authority DLR ...

The local authority have no function because you don't need planning permission to sow plants. They could become involved if the plants impeded a public road in which case they might serve a hedge cutting notice, but that's no help to you.

As I already wrote, I don't think you have a legal right to a view. (That is subject to confirmation by the legal eagles on here). Your best hope is to get the seller to enforce the conditions of the agreement, provided there is a suitable condition in the agreement. Have you tried talking to your neighbour?

Ken.

For the time being it seems you can do nothing but cut branches and roots that come into your property.

http://debates.oireachtas.ie/dail/2012/06/06/00396.asp

Deputy Thomas P. Broughan Information on Thomas P. Broughan Zoom on Thomas P. Broughan asked the Minister for the Environment, Community and Local Government Information on Philip Hogan Zoom on Philip Hogan if he will consider introducing further legislation or amendments to anti-social behaviour legislation to resolve neighbours and local disputes on high hedges and high trees, especially evergreens with a role for local authorities to invigilate and resolve such disputes including a maximum height order where necessary; and if he will make a statement on the matter. [26357/12]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan): There is no legislation in Ireland regulating the height of trees and hedges. I also understand that there is no right in Irish law to receive light in a garden, and that while there is a civil remedy available in nuisance in respect of the branches or roots of a neighbour’s trees encroaching on one’s property, there is no civil law remedy in respect of the loss of light in a garden due to a neighbour’s high trees or hedges.

I do not propose to introduce legislation to deal with this issue but I intend to write to my colleague the Minister for Justice and Law Reform, suggesting that we might give consideration to potential alternative options towards the introduction of a civil remedy in this matter.