Big trees in neighbours garden.

RuthieRose

We live on a small estate of detached houses. The house next to us is rented by an older couple that are really nice. The problem is the trees in their garden are really tall and are blocking light and our view.
We all share a retaining wall and there are visible cracks showing. Below the retaining wall that's about 10ft high is another rented house. The trees are way above the roof of that height.
I did call the landlady to tell her my concerns but she got a guy to trim the tree that over hangs our garden and left the rest!
Can I seek help that will make her cut the trees so we can have our view and get some extra light into our garden?
I should add we are renting our house off my father-in-law so technically it's not ours. He did say he would support us in getting the trees cut. She also received a request off the residents association to cut the but that got ignored. She's a problem. We are at the end of our wits with this one.... Any advice

gozunda

RuthieRose wrote: »

We live on a small estate of detached houses. The house next to us is rented by an older couple that are really nice. The problem is the trees in their garden are really tall and are blocking light and our view.
We all share a retaining wall and there are visible cracks showing. Below the retaining wall that's about 10ft high is another rented house. The trees are way above the roof of that height.
I did call the landlady to tell her my concerns but she got a guy to trim the tree that over hangs our garden and left the rest!
Can I seek help that will make her cut the trees so we can have our view and get some extra light into our garden?
I should add we are renting our house off my father-in-law so technically it's not ours. He did say he would support us in getting the trees cut. She also received a request off the residents association to cut the but that got ignored. She's a problem. We are at the end of our wits with this one.... Any advice

The following links may be useful

http://www.irishtimes.com/life-and-style/homes-and-property/neighbour-refuses-to-act-over-dangerous-tree-1.1922862

Not sure what part of the country but this council website explains situation with dangerous trees adjoining a public road

http://www.limerick.ie/council/dangerous-trees-hedges-adjoining-public-roads

Peregrinus

In general, there is no right to have improved sunlight or a better view in your garden, or to have neighbouring landowners cut their trees to improve the amenity of your garden.

As regards the retaining wall, I may be misreading your post, but it seems to be the case that you are on the high side of the wall, and it's the neighbours on the other side who are at risk the wall gives way. Even if the cracks in the wall are attributable to the trees - and your post doesnt' say that they are - that may make it difficult for you to insist that the trees be lopped in order to protect the wall.

Still, it might be worth a try. Make common cause with the neighbours on the lower side of the wall, and split the cost of having a tree surgeon look at the wall and give an opinion as to whether it is threated by the trees and, if so, what the appropriate remedy is. Then give this to the owner of the property with the offending trees and ask her to have the trees reduced or removed so that the wall is not threatened. Of course, there is always a risk that measures the tree surgeon recommends will not be such as would improve the amenity of your garden.

Graces7

In a similar situation here in that there are over sized trees a few metres from the house. I rent and my landlord has been refused insurance because they have judged the tree to be dangerous. They are owned by a very aggressive man whose opinion was, " I hope they fall on the house." I tried Citizen info to no avail as the council ay it is private land etc etc etc.

RuthieRose

Peregrinus wrote: »

In general, there is no right to have improved sunlight or a better view in your garden, or to have neighbouring landowners cut their trees to improve the amenity of your garden.

As regards the retaining wall, I may be misreading your post, but it seems to be the case that you are on the high side of the wall, and it's the neighbours on the other side who are at risk the wall gives way. Even if the cracks in the wall are attributable to the trees - and your post doesnt' say that they are - that may make it difficult for you to insist that the trees be lopped in order to protect the wall.

Still, it might be worth a try. Make common cause with the neighbours on the lower side of the wall, and split the cost of having a tree surgeon look at the wall and give an opinion as to whether it is threated by the trees and, if so, what the appropriate remedy is. Then give this to the owner of the property with the offending trees and ask her to have the trees reduced or removed so that the wall is not threatened. Of course, there is always a risk that measures the tree surgeon recommends will not be such as would improve the amenity of your garden.

Thanks for this. It's amazing that in this day and age you neighbour is allowed to leave their grounds unmaintained. When we moved in here the first thing we did was cut back laurel trees that were rubbing against our neighbours wall (your image of us being on the high side of the retaining wall are correct) without being asked.
I will get on to our neighbour below and ask permission to being a surveyor onto the grounds. At this stage I will cover the cost for an initial review of the situation as it's my bee in my bonnet.
The gardens we have (even though very sloped down to this retaining wall) are very wet and in bad weather I would say saturated. Combine that weight with trees and I fear the worst.
I am concerned if her part of he wall goes then so will ours.

I don't want it to look like we have done nothing to stop this from happening.
As for the sunlight part. The houses are upside down (to make the most of a view we only get part of!!). The trees block sunlight from our bedroom on the ground floor and the kitchen on the 1st floor. It's more apparent when the sun is lower in the sky as it is this time of year. It really gets on my wick. Espically when someone pointed the landlords house out to me and the grounds were not just maintained but manacured professionally!!! I own a property that I rent out and it would never get like this one. It's a disgrace.

runawaybishop

RuthieRose wrote: »

Thanks for this. It's amazing that in this day and age you neighbour is allowed to leave their grounds unmaintained. When we moved in here the first thing we did was cut back laurel trees that were rubbing against our neighbours wall (your image of us being on the high side of the retaining wall are correct) without being asked.
I will get on to our neighbour below and ask permission to being a surveyor onto the grounds. At this stage I will cover the cost for an initial review of the situation as it's my bee in my bonnet.
The gardens we have (even though very sloped down to this retaining wall) are very wet and in bad weather I would say saturated. Combine that weight with trees and I fear the worst.
I am concerned if her part of he wall goes then so will ours.

I don't want it to look like we have done nothing to stop this from happening.
As for the sunlight part. The houses are upside down (to make the most of a view we only get part of!!). The trees block sunlight from our bedroom on the ground floor and the kitchen on the 1st floor. It's more apparent when the sun is lower in the sky as it is this time of year. It really gets on my wick. Espically when someone pointed the landlords house out to me and the grounds were not just maintained but manacured professionally!!! I own a property that I rent out and it would never get like this one. It's a disgrace.

You have zero entitlement to light or a view. If you are doing this purely with the aim of getting a view then you will just be wasting your money. If you have genuine concerns about the structural integrity of the wall then fire ahead, but bear in mind your neighbour can just replant a new hedge or trees and you'll be back where you started in a few years. The best scenario is one where you discuss with your neighbour and come to an amicable solution.

Pat Mustard

runawaybishop wrote: »

You have zero entitlement to light or a view.

Why do you say that there can be no right to light? It does not seem clear to me that there can be no right to light.

Peregrinus

There can be a right to light, but it's fairly limited, and it's only available for the benefit of a building. I don't think Irish law has ever recognised a right for your garden to be free of shade from whatever is growing on your neighbour's land.

234

The Mustard wrote: »

Why do you say that there can be no right to light? It does not seem clear to me that there can be no right to light.

There is no natural right to light. A property owner would need to point to an easement for light or a restrictive covenant preventing interference with light. Getting a easement for light without an express grant would be difficult; showing the necessary use for the purposes of prescription as it applies to light would be nigh on impossible. How could you show that you were exercising a right to light as of right?

Also, as Peregrinus has stated, the right is only capable of benefiting buildings in that it has to pass through windows. And the kind of light is simply enough for the comfortable use of the premises or dwelling, not a right to a brightly lit garden.

Pat Mustard

RuthieRose wrote: »

We live on a small estate of detached houses. The house next to us is rented by an older couple that are really nice. The problem is the trees in their garden are really tall and are blocking light and our view.

Do the trees block the light from getting into the house through the windows?

234

The Mustard wrote: »

Do the trees block the light from getting into the house through the windows?

Any if so, to what extent? Is the OP living in darkness?