Neighbour renovation

sullivlo

I have a strange query.

Our neighbour is getting their garden renovated. As part of the renovation, they put up three structures. They're hard to explain, but they're like a tennis racket - narrow at the bottom, and the top of them is a trellis. They're along the boundary wall between our house and theirs, and the trellis part extends about 3 foot over the boundary wall. Currently its only some twigs within the trellis, but it appears to be a structure point for a tree of some description.

It appears that they are trying to create a barrier/privacy screen, which is fine, but the proximity of the structure to the wall and the height of the wall will impact how much sun we get in the garden in the summer. It's the evening sun that it would be blocking, and this is when we would usually use the garden.

Are they allowed to put something in their garden that might impede the light getting into our garden? I say might - I've no idea what it will do, but the structures are a little bit taller than our shed, and in the evening a significant chunk of our patio is in the shade because of the shed - hence the concern that something similar will happen.

If they're allowed to do it, grand. We'll suck it up. But if they're not, I will say something to them. They already get away with murder with some of what they have in the garden (overhanging bushes shedding their leaves into our garden, trailing ivy on their side of the wall that has grown into our side but also grown roots in the wall so we can't remove it without causing damage to the wall) but I usually just pick up the leaves etc when I'm cleaning the garden.

We have a generally good relationship with them, but I'd like to know where I stand before I approach them (or if I can approach them).

Thanks in advance!

Marcusm

Is any part of it living or is it just a (dead) wooden structure?

I ask as they could be “preached” or espallier trees where a trellis is attached to the living tree to train the branches. I have three of these as a privacy screen against a laneway.

If it’s like this then I suspect there is no planning issue - in Summer tyre would likewise be little to no sun denial.

If they are a wooden structure then they need planning permission unless they fall within exempted development.

Generally the easiest way is to talk to your neighbour. If they want privacy and you object to trellising, they could simply replace it with a shed which would be worse for both of you.

sullivlo

Marcusm wrote: »

Is any part of it living or is it just a (dead) wooden structure?

I ask as they could be “preached” or espallier trees where a trellis is attached to the living tree to train the branches. I have three of these as a privacy screen against a laneway.

If it’s like this then I suspect there is no planning issue - in Summer tyre would likewise be little to no sun denial.

If they are a wooden structure then they need planning permission unless they fall within exempted development.

Generally the easiest way is to talk to your neighbour. If they want privacy and you object to trellising, they could simply replace it with a shed which would be worse for both of you.

The boundary wall is already about 8 foot tall. We can see absolutely nothing over the wall. They got a set of steps built beside their wall so that they could step up to talk over the wall to us.

They appear to be trees on the trellis. I haven’t looked closely but they have a tree like resemblance. There’s no light issues at the moment because they’re sparse, but if they leaf/flower, they’ll block light.

But if they’re allowed have them, we’ll suck it up. I just wasn’t sure on what was allowed is all, given the whole light blocking aspect of it.

Spanish Eyes

Any chance you could have a friendly word with them and see how that goes?

Most people would take a neighbour's views into consideration.

The 8ft walls are high as it is. I thought six foot was the max. But I am not sure.

Rows Grower

2 meters is the max height allowed without planning permission.

karenalot

They will most likely be pleached trees, very common in garden designs these days. They tend to take a few years to bulk out but once they do they are basically hedges on stilts.

sullivlo

Rows Grower wrote: »

2 meters is the max height allowed without planning permission.

As in free standing things or the walls?

karenalot wrote: »

They will most likely be pleached trees, very common in garden designs these days. They tend to take a few years to bulk out but once they do they are basically hedges on stilts.

That’s what they are, I think. Hedges on stilts doesn’t sound nice when they fill in

Sleeper12

sullivlo wrote:

As in free standing things or the walls?

Walls.

Rows Grower

You have a right to enjoy use of your land and not to have the natural light on it encroached on by anyone.

By doing nothing now whilst being aware of potential future problems you are in fact weakening any future case you may bring by "acquiescence".

Have a word.

Sleeper12

Rows Grower wrote:

You have a right to enjoy use of your land and not to have the natural light on it encroached on by anyone.

You've no right to natural light or views. The neighbours can grow 30 foot trees blocking all of the light if they want. Op can cut anything hanging over onto their property but nothing on the neighbours property.

Rows Grower

Sleeper12 wrote: »

You've no right to natural light or views. The neighbours can grow 30 foot trees blocking all of the light if they want. Op can cut anything hanging over onto their property but nothing on the neighbours property.

I beg to differ.

Sleeper12

Rows Grower wrote:

I beg to differ.

That won't change the fact that you have no right to natural light. The neighbours can let the trees grow as high & as thick as they like

ceekay74

My neighbours tree/hedge is far too high, what can I do?

There are no height limits for either hedges or trees and there is no legislation currently available in Ireland to enforce a height restriction.



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.

Rows Grower

Sleeper12 wrote: »

That won't change the fact that you have no right to natural light. The neighbours can let the trees grow as high & as thick as they like

You are wrong.

amcalester

Rows Grower wrote: »

You are wrong.

Should be easy enough to post a link to back up that claim.

sullivlo

ceekay74 wrote: »

My neighbours tree/hedge is far too high, what can I do?

There are no height limits for either hedges or trees and there is no legislation currently available in Ireland to enforce a height restriction.



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.

Thank you.

Homer

Rows Grower wrote: »

You are wrong.

you seem pretty adamant. Care to point to the relevant legislation. Should be easy enough for you.

Rows Grower

amcalester wrote: »

Should be easy enough to post a link to back up that claim.

It should be, but it isn't, as I'm not clever enough to do links.

Rows Grower

Homer wrote: »

you seem pretty adamant. Care to point to the relevant legislation. Should be easy enough for you.

A case like this would fall under the tort of nuisance.

ceekay74

Nuisance

A legal action to redress harm arising from the use of one's property.

The two types of nuisance are private nuisance and public nuisance. A private nuisance is a civil wrong; it is the unreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment or use of another individual's property, without an actual Trespass or physical invasion to the land. A public nuisance is a criminal wrong; it is an act or omission that obstructs, damages, or inconveniences the rights of the community.

Sleeper12

Rows Grower wrote:

A case like this would fall under the tort of nuisance.

It doesn't

Ceekay74 is correct in their statement below. It would also have to be a dramatic loss of light through the window. The only way to get a right to light is to go to court & demonstrate the loss from inside the house. I'd imagine it's a costly process with no guarantee of success.

ceekay74 wrote:

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.

Rows Grower

Sleeper12 wrote: »

It doesn't

Ceekay74 is correct in their statement below. It would also have to be a dramatic loss of light through the window. The only way to get a right to light is to go to court & demonstrate the loss from inside the house. I'd imagine it's a costly process with no guarantee of success.

You can imagine all you want, this doesn't change the fact the you were wrong.

Sleeper12

Rows Grower wrote: »

You can imagine all you want, this doesn't change the fact the you were wrong.

https://www.scsi.ie/documents/get_lob?id=973&field=file

Right to Light – An Easement A right to light is a specific right which an individual landowner may acquire over the land of a neighbour. An easement is a right enduring for the benefit of land known as the dominant tenement, which is exercisable over another person’s land, known as the servient tenement. A right to light was ordinarily acquired by prescription at common law, i.e. long user. However, the Land and Conveyancing Law Reform Act 2009 (Irl) (“the 2009 Act”) now provides that an easement will only be acquired by prescription on registration of a court order under section 35. Rights to light may also be acquired by express or implied grant or reservation. A right to light can only be enjoyed by an aperture that is intended to allow the access of light to a building. The right does not exist for the benefit of the building per se and cannot apply to open land. However, a specific glazed area such as a greenhouse can enjoy a right to sunlight. In this guidance note the term ‘window’ will be used to refer to all apertures. A right can only be acquired by prescription where the enjoyment of the access to light is continuous throughout the necessary period for prescription. The relevant period was twenty years under the Prescription Act 1832 (Irl) but has now been reduced to twelve years pursuant to the 2009 Act. An interruption of more than one year will be enough to prevent the period of prescription from running any further. However, the demolition of the dominant building does not necessarily result in the extinguishment of rights to light. Bland on Easements puts the matter as follows: “A Right to Light will survive the demolition and replacement of the building on the servient land if the relevant apertures of the new building are of the same number and dimensions of those of the old building. The question in each case turns on the degree of coincidence of the old and new aperture, but a different approach is to address the identity of the light as opposed to the identity of the aperture.” In Bickford-Smith, Francis and Weekes, the authors state: “Thus where a window enjoying Rights to Light is increased in size, the Right to Light applies to only that portion of the larger aperture which is coincident with the pre-existing window, but equally the right to that portion is not lost by the enlargement.”