Big trees in neighbours garden

Gav26

Any one if there's a law or rule about the neighbour's trees blocking sun from my garden?

saccades

No, you can trim stuff over hanging your fence but have to give it back to the tree owner.

Maybe go around and have a chat about the problem and work together, they might have no idea of how much it's annoying you.

okedoke

you could sneak into their garden at night and ring the tree

magicbastarder

that's a stupid bloody idea. and criminal too.

okedoke

it was a joke obviously

_Brian

there is some ramblings in light but it seems vague so I wouldn’t be relying on it.

A tree outside my house blocks the light in my garden, do I have a right to light?
Right to light is a specific and complex legal matter and you should seek independent advice on this. A right to light exists only if the owner of a house can satisfy a court that he or she has enjoyed the uninterrupted use of that light for a period of greater than 20 years, before any legal action is brought about the light. This however, only applies to the windows of a property and not to a garden.

From here.
https://treecouncil.ie/tree-advice/trees-law/

vicwatson

saccades wrote: »

No, you can trim stuff over hanging your fence but have to give it back to the tree owner.

Maybe go around and have a chat about the problem and work together, they might have no idea of how much it's annoying you.

I always heard you must give them back or at least offer them back but anyone know where in law it says this?

Oldtree

vicwatson wrote: »

I always heard you must give them back or at least offer them back but anyone know where in law it says this?

Yes you have to offer the prunings back to them as its their property, but they are not obliged to take them. Also any pruning you do should not lead to the demise of the tree, or lead to a negligence issue arising out of the pruning.

Be careful as you cannot prune beyond the boundary line, without the owners permission.

Always get the owners permission in writing for any agreed works.

Ringbarking or other such ideas or felling a neighbours tree will see you in court.

Gav26

Maybe go around and have a chat about the problem and work together, they might have no idea of how much it's annoying you.[/quote]

Yeah think that's the best bet, I'm new to the neighbourhood so I will wait till I find out more about the owner, the house is 2 doors, so it's blocking the sun from 2 or 3 gardens

Gav26

okedoke wrote: »

you could sneak into their garden at night and ring the tree

Haha I will the nice way first... if not I will ring the owner

saccades

Gav26 wrote: »

Yeah think that's the best bet, I'm new to the neighbourhood so I will wait till I find out more about the owner, the house is 2 doors, so it's blocking the sun from 2 or 3 gardens

See, this amuses me. You bought the house knowing there is a tree blocking the light.

CJhaughey

You moved in to a house and you are upset about a tree that's two houses away from you?

monica555

Few years ago I didn't buy a house only because of HUGE tree blocking the sun. The house was perfect, great location, south facing garden etc.. but because of the tree it felt more like "double north" facing house
You could take some photos and try to talk with the neighbour. There is not much more you can do...

magicbastarder

could be a bonus for the neighbour. new chap moves to the neighbourhood, calls in and asks what can be done about the trees, obvious answer would be 'well, are you willing to help defray the cost of their removal?'
what sort of trees are they?
have you been there long - i.e. since the summer? they my be blocking your light now buy could be much less of an issue in the summer.

vicwatson

Oldtree wrote: »

Yes you have to offer the prunings back to them as its their property, but they are not obliged to take them. Also any pruning you do should not lead to the demise of the tree, or lead to a negligence issue arising out of the pruning.

Be careful as you cannot prune beyond the boundary line, without the owners permission.

Always get the owners permission in writing for any agreed works.

Ringbarking or other such ideas or felling a neighbours tree will see you in court.

But what act of law states you must do this ?

smacl

vicwatson wrote: »

But what act of law states you must do this ?

The following from the tree council of Ireland is worth a read; https://treecouncil.ie/tree-advice/trees-law/ Right to light only kicks in where light that was previously available becomes blocked. Personally, I think it is irresponsible and anti-social to grow huge trees in small suburban gardens, but the law doesn't seem to mind.

vicwatson

smacl wrote: »

The following from the tree council of Ireland is worth a read; https://treecouncil.ie/tree-advice/trees-law/ Right to light only kicks in where light that was previously available becomes blocked. Personally, I think it is irresponsible and anti-social to grow huge trees in small suburban gardens, but the law doesn't seem to mind.

I'm thinking there is no law in Ireland that states you must offer to hand back cut overhanging branches to the owner of the tree.

I believe there is in England however, but not here.

Oldtree

vicwatson wrote: »

But what act of law states you must do this ?

vicwatson wrote: »

I'm thinking there is no law in Ireland that states you must offer to hand back cut overhanging branches to the owner of the tree.

I believe there is in England however, but not here.

And what makes you believe that you own the prunings off your neighbours trees if the branches overhang your property?

Surprisingly, you will find that a person's property is theirs in both the UK and Ireland. Taking another persons property is known as stealing. You may well be familiar with the concept and there are a myriad of laws governing that unsavory act here in Ireland too.

South Dublin County Council would appear to share this legal view:

6.11 Street Trees Overhanging Neighbouring Properties/Roots Encroaching into Gardens

Adjacent landowners are entitled to prune encroaching tree branches or roots back to the boundary of their property. Legally, they are required to retain the prunings and offer them
back to the Council but the Council is not obliged to accept them.

Policy document here:

http://www.sdcc.ie/sites/default/files/publications//living-with-trees.pdf

From this council page here:

http://www.sdcc.ie/services/parks-and-recreation/tree-management/tree-management-policy

vicwatson

Oldtree wrote: »

And what makes you believe that you own the prunings off your neighbours trees if the branches overhang your property?

Surprisingly, you will find that a person's property is theirs in both the UK and Ireland. Taking another persons property is known as stealing. You may well be familiar with the concept and there are a myriad of laws governing that unsavory act here in Ireland too.

South Dublin County Council would appear to share this legal view:



Policy document here:

http://www.sdcc.ie/sites/default/files/publications//living-with-trees.pdf

From this council page here:

http://www.sdcc.ie/services/parks-and-recreation/tree-management/tree-management-policy

So there is no law then, glad that's sorted

Lumen

vicwatson wrote: »

So there is no law then, glad that's sorted

Law is made in the courts. The legal professional will be grateful for your financial support in these difficult times.

Oldtree

vicwatson wrote: »

So there is no law then, glad that's sorted

I'm surprised you don't understand the concept of other people's property! But you wouldn't be the first