Mods please check the Moderators Group for an important update on Mod tools. If you do not have access to the group, please PM Niamh. Thanks!

Neighbor trees again :)

  • #2
    Registered Users Posts: 2,713 ✭✭✭ IrishHomer


    I know this was discussed many times before but I wish to raise this and see had the law changed.

    A vacant site beside my home as 40ft high golden lilandai conifers towards my south and are blocking all natural sunlight.

    Our home is freezing and I'm burning thousands of Euro extra heating oil and carbon yearly trying to keep warm.

    I've approached the site owner asked him nicely and he completely refuses to cut them.

    Have I any new rights please? My wife is very cold and I feel it's very unfair by the neighboring site owner.


«1

Comments

  • #2


    IrishHomer wrote: »
    I know this was discussed many times before but I wish to raise this and see had the law changed.

    A vacant site beside my home as 40ft high golden lilandai conifers towards my south and are blocking all natural sunlight.

    Our home is freezing and I'm burning thousands of Euro extra heating oil and carbon yearly trying to keep warm.

    I've approached the site owner asked him nicely and he completely refuses to cut them.

    Have I any new rights please? My wife is very cold and I feel it's very unfair by the neighboring site owner.

    I would say not. If your house was bathed in sunlight until he put them there yesterday maybe but I don't think you have 'right to light' here and certain not 'right to heat'


  • #2


    IrishHomer wrote: »
    I know this was discussed many times before but I wish to raise this and see had the law changed.

    A vacant site beside my home as 40ft high golden lilandai conifers towards my south and are blocking all natural sunlight.

    Our home is freezing and I'm burning thousands of Euro extra heating oil and carbon yearly trying to keep warm.

    I've approached the site owner asked him nicely and he completely refuses to cut them.

    Have I any new rights please? My wife is very cold and I feel it's very unfair by the neighboring site owner.

    Spike 80


  • #2


    Might be something useful in this article https://www.irishtimes.com/life-and-style/homes-and-property/how-can-i-get-my-neighbour-to-cut-his-leylandii-hedge-1.2244089? Maybe some here can explain if and how Section 45 of the Land and Conveyancing Law Reform Act 2009 might apply and what it might cost the OP to go that route?

    Wake me up when it's all over.



  • #2


    I do two things first

    1. Get a new oil burner as it seems your current one is not working properly if you are burning "thousands"

    2. Look at the insulation in the house.


    Then invite the land owner down and let him experience the coldness of the house.

    Legally, I don't think there aee any options


  • #2


    Perhaps offer to pay to have them cut and cleared. I imagine it would be expensive to cut a 40ft tree and if your neighbour is not obliged then they might not want to spend it. They also might want them for privacy. Perhaps you could offer to have them cut to height that gives you sunlight and still gives them privacy.


  • #2


    ittakestwo wrote: »
    Perhaps offer to pay to have them cut and cleared. I imagine it would be expensive to cut a 40ft tree and if your neighbour is not obliged then they might not want to spend it. They also might want them for privacy. Perhaps you could offer to have them cut to height that gives you sunlight and still gives them privacy.

    I offered to cut them and he refused.

    His site is vacant and undeveloped, he said he wants to retain the privacy.

    He's been trying to sell the site but no takers yet.

    Another point, the trees are now so tall that they could fall on my house, is he liable if they damage my home?


  • #2


    IrishHomer wrote: »
    I offered to cut them and he refused.

    His site is vacant and undeveloped, he said he wants to retain the privacy.

    He's been trying to sell the site but no takers yet.

    Another point, the trees are now so tall that they could fall on my house, is he liable if they damage my home?

    Yes


  • #2


    IrishHomer wrote: »
    I offered to cut them and he refused.

    His site is vacant and undeveloped, he said he wants to retain the privacy.

    He's been trying to sell the site but no takers yet.

    Another point, the trees are now so tall that they could fall on my house, is he liable if they damage my home?

    If he’s not around much you could cut the tops off them without permission. You’d have to get in and out some Sunday morning without him realising you trespassed. He wouldn’t have much of a damages claim - top of the trees on a vacant site.


  • #2


    IrishHomer wrote: »
    I offered to cut them and he refused.

    His site is vacant and undeveloped, he said he wants to retain the privacy.

    He's been trying to sell the site but no takers yet.

    Another point, the trees are now so tall that they could fall on my house, is he liable if they damage my home?

    If he is trying to sell would you be in a position to buy?
    I do not see any other way around this...


  • #2


    Raisins wrote: »
    If he’s not around much you could cut the tops off them without permission. You’d have to get in and out some Sunday morning without him realising you trespassed. He wouldn’t have much of a damages claim - top of the trees on a vacant site.







    That’s a terrible idea and would leave the op open to a criminal conviction for trespassing and property damage.


  • #2


    That’s a terrible idea and would leave the op open to a criminal conviction for trespassing and property damage.

    What offences under what sections? I don’t disagree with you in principle but I think the trespass offence you need to prove you caused fear in another person. You could argue you had lawful excuse on the damage offence if you had grounds to claim they were a genuine risk of falling in your garden and you offered to pay to make them safe.


  • #2


    If he is trying to sell would you be in a position to buy?
    I do not see any other way around this...

    Buy it, cut down trees, sell it.


  • #2


    His trees are 50 feet high there is now way I'd be able to top his trees far too dangerous.

    I could afford to buy his site. It's not advertised at the moment but maybe I'd I just approached him with an offer. I mentioned doing that to my parents they advised me not to offer to buy it. I don't see any harm in putting unused money in the bank into property.


  • #2


    Raisins wrote: »
    If he’s not around much you could cut the tops off them without permission. You’d have to get in and out some Sunday morning without him realising you trespassed. He wouldn’t have much of a damages claim - top of the trees on a vacant site.
    that's all good until the op finds his tires slashed and the car scratched in ****e outside his house. you would be surprised what some people are capable of.


  • #2


    shar01 wrote: »
    Line up a bunch of friends as potential buyers. They show interest until they see the trees and then back off....

    That's so stupid it might work!


  • #2


    antix80 wrote: »
    That's so stupid it might work!

    It's a bit obvious.


  • #2


    IrishHomer wrote: »
    His trees are 50 feet high there is now way I'd be able to top his trees far too dangerous.

    They've grown 25% in 4 days since your OP!!!???
    IrishHomer wrote: »

    A vacant site beside my home as 40ft high golden lilandai conifers towards my south and are blocking all natural sunlight.

    its not a Solicitor you need, it's Jack's Magic Beanstalk services Ltd! ;)


  • #2


    banie01 wrote: »
    They've grown 25% in 4 days since your OP!!!???

    its not a Solicitor you need, it's Jack's Magic Beanstalk services Ltd! ;)

    Average Growth rate is 60cm a year, can grow up to 25 meters tall.

    After 4 years, in a temperate climate with lots of regular water, that's roughly 8 feet. Considering the current height, I'd say the OP is probably correct on the increase.

    My neighbour behind had to cut his, they were a good 20meters tall in the middle of a housing estate. Only bothered when they cut out his sun all day.


  • #2


    antix80 wrote: »
    That's so stupid it might work!

    A plan more cunning than that devised by the professor of cunning at trinity.


  • #2


    Average Growth rate is 60cm a year, can grow up to 25 meters tall.

    After 4 years, in a temperate climate with lots of regular water, that's roughly 8 feet. Considering the current height, I'd say the OP is probably correct on the increase.

    My neighbour behind had to cut his, they were a good 20meters tall in the middle of a housing estate. Only bothered when they cut out his sun all day.

    You also think they have grown 10ft in 4 days then?

    Despite actually writing in your post that the average growth rate is 60cm (2ft) per year?


  • #2


    IrishHomer wrote: »
    His trees are 50 feet high there is now way I'd be able to top his trees far too dangerous.

    I could afford to buy his site. It's not advertised at the moment but maybe I'd I just approached him with an offer. I mentioned doing that to my parents they advised me not to offer to buy it. I don't see any harm in putting unused money in the bank into property.

    If he is a bit of a dick, get an agent to do all the bidding/offers etc and he might be more willing to sell.
    i'd get them taken out altogether since you could take 20ft off them and they would be right back up there in 2 years.

    Depending on funds I would but the land (as above, through an intermediary) then drop the trees and sell the land, but dont sell all of it, keep enough to offset and new trees that a new owner might plant.


  • #2


    banie01 wrote: »
    You also think they have grown 10ft in 4 days then?

    Despite actually writing in your post that the average growth rate is 60cm (2ft) per year?

    Thought it was 4 years not 4 days, my bad.

    It's pretty hard to tell the height of a tree without a direct reference or tools/knowledge to measure it. Not sure why the OP not being 100% sure on the height is such a issue for you.


  • #2


    Thought it was 4 years not 4 days, my bad.

    It's pretty hard to tell the height of a tree without a direct reference or tools/knowledge to measure it. Not sure why the OP not being 100% sure on the height is such a issue for you.

    It's not an issue for me, it's one of consistency.
    If someone can't be bothered to keep a story straight, and tends towards hyperbole it undermines their position from the off.

    Funny how despite the difficulty in measuring a tree without tools?
    They didn't get any shorter.


  • #2


    IrishHomer wrote: »
    His trees are 50 feet high there is now way I'd be able to top his trees far too dangerous.

    I could afford to buy his site. It's not advertised at the moment but maybe I'd I just approached him with an offer. I mentioned doing that to my parents they advised me not to offer to buy it. I don't see any harm in putting unused money in the bank into property.

    Just buy if it solves the problem but be better have someone else to approach.
    I think I would ask an auctioneer, it might cost a few quid but i expect if he know you interested he up the price, if he was any good he would have said a price to you and allowed you solve problem yourself...


  • #2


    It's pretty hard to tell the height of a tree without a direct reference or tools/knowledge to measure it.

    A laser measure and a copy of your first year math's book is usually sufficient.


  • #2


    antix80 wrote: »
    A laser measure and a copy of your first year math's book is usually sufficient.

    String and set square works too. ;)


  • #2


    I used to work in tree surgery. People don't have a clue about the height of trees. I can vividly remember one job where we went out looking for 100ft high poplar trees which after a massive search and giving up the first time turned out to be about 12 ft tall pollarded stumps. We had the address of the house to go to but strict instructions not to call at the house as the owner was in bed recovering from an operation.

    My wife said to me only yesterday our Guinea Fowl had flown 60ft up into a tree - none of our trees are over 30ft.

    Wake me up when it's all over.



  • #2


    antix80 wrote: »
    A laser measure and a copy of your first year math's book is usually sufficient.

    Doubt you can use a laser measure for the top of a swaying tree to be honest.
    Isn't there some way to do it with a 45 degree square and some maths, as you suggested?

    The past couple of years I've just used a drone, with built in GPS, and level it with the tops of the trees to get a reading.


  • #2


    Effects wrote: »
    Doubt you can use a laser measure for the top of a swaying tree to be honest.
    Isn't there some way to do it with a 45 degree square and some maths, as you suggested?

    The past couple of years I've just used a drone, with built in GPS, and level it with the tops of the trees to get a reading.

    A clinometer is the tool used, only catch is you have to make sure you can see the actual top of the tree which is often much further back than people think.

    http://www.cif-ifc.org/wp-content/uploads/2014/06/Clinometer.pdf

    Wake me up when it's all over.



Sign In or Register to comment.