Neighbours tree blocking sunlight - possible options

kaymin

Neighbours tree blocks all the sunlight to my garden from about 6pm onwards but he's unwilling to cut it back and stated that he's happy to continue to see it grow higher / wider - currently it's the height of the house and about third is over the boundary wall into my garden. While I'm aware I can legally cut the tree back to my boundary I'd ideally like the tree height reduced. I'd also like to get solar panels in the future but there will be no point given the shade cast on my roof.

I read the following from the Tree Council's website - has anyone sought a work order mentioned and how did it work out?

My neighbour’s 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 the Republic of Ireland to enforce a height restriction.
There is the option to seek a works order under Section 45, Land Conveyancing, Law Reform Act 2009, to reduce the height of the trees.

long_b

Have you suggested that you pay to get the tree trimmed at all ?

Alkers

As far as I'm aware anything that overhangs your boundary you can cut back yourself or have I misinterpreted your question?

SharkMX

If you cut your side back to the wall, depending on the type of tree you will be stuck with the unsightly dead inside if the tree.

Unfortunately you cant compel the neighbor to cut his side down.

kaymin

https://www.boards.ie/discussion/comment/122121861#Comment_122121861

Tbh I didn't have the chance to bring that up - he shut the door on the possibility of reducing the height and then shut the door on me. I would be prepared to pay a professional to do it.

kaymin

https://www.boards.ie/discussion/comment/122121916#Comment_122121916

I'm aware I can do that but it won't reduce the height of the tree which is the real issue for me. I'm wondering if I can seek a work order from the courts under Section 45, Land Conveyancing, Law Reform Act 2009, to reduce the height of the trees. I understand there is no right to light except in very limited circumstances so possibly I'm wasting my time seeking such a work order.

FishOnABike

I don't see how Section 45, Land Conveyancing, Law Reform Act 2009, would apply here. It only provides for a building owner who is indispute with an adjoining owner with respect to exercise of rights under section 44, which in turn refers to works to a party structure.

kaymin

https://www.boards.ie/discussion/comment/122122239#Comment_122122239

Works is defined in section 43:

“ works ” include—

(a) carrying out works of adjustment, alteration, cutting into or away, decoration, demolition, improvement, lowering, maintenance, raising, renewal, repair, replacement, strengthening or taking down,

(b) cutting, treating or replacing any hedge, tree or shrub,

(c) clearing or filling in ditches,

(d) ascertaining the course of cables, drains, pipes, sewers, wires or other conduits and clearing, renewing, repairing or replacing them,

(e) carrying out inspections, drawing up plans and performing other tasks requisite for, incidental to or consequential on any works falling within paragraphs (a) to (d);

FishOnABike

... my reading of it would be that you can make an application under section 45 for remedy of something caused by works to adjoining property, but if your neighbour is doing nothing then there is no effect to any works for which a remedy can be sought under section 45.

Mr Disco

https://www.boards.ie/discussion/2058351142/neighbours-tree-blocking-sunlight-possible-options

poison it with paraquat or sipquat

kaymin

https://www.boards.ie/discussion/comment/122122371#Comment_122122371

Tempting but I'd rather not have to resort to that!

blackbox

https://www.boards.ie/discussion/comment/122122371#Comment_122122371

Yo may be tempted to do this, but be aware that it could be considered to be a criminal act and could result in a very undesirable outcome.

kaymin

https://www.boards.ie/discussion/comment/122122361#Comment_122122361

Well, they're growing a tree so they're doing something and the relevant remedy under section 43 falls under 'cutting, treating or replacing any hedge, tree or shrub'

chrisd2019

https://www.boards.ie/discussion/comment/122122371#Comment_122122371

you read my mind with your cunning plan!

FishOnABike

https://www.boards.ie/discussion/comment/122122413#Comment_122122413

They're doing nothing. Section 45 could apply if, for instance, they drove a tractor with a flail or circular saw on a boom across your lawn to cut back the tree and ruined your lawn in the process. You could apply under section 45 for them to reinstate your lawn.

But here they are not 'cutting, treating or replacing any hedge, tree or shrub'. They are not carrying out any works, therefore there are no effects of any works for which you can make an application under section 45.

SVI40

Possibly keep cutting it back, and it will overly grow on their side, and topple over.

kaymin

https://www.boards.ie/discussion/comment/122122453#Comment_122122453

The works is the remedy not the act that needs to be remedied. So if cutting, treating or replacing any hedge, tree or shrub is the remedy then the act that required remediation is, for example, the growing of a tree.

satguy

The Irish courts have in the past applied the so- called “45 degree rule” as a guide in determining whether there is a case to answer on a claim for interference with a right to light. This rule of thumb suggests that there is no substantial interference if the angle of unobstructed light is greater than 45 degrees.

You could try this in court, it may make him think about costs if you win,, but if you fail, then you would need to think about costs.

You could hang a swing on your side if it overhangs enough,, This might irk him into action.

DocMcC

2 options I can think of:

1. there is a thing called "ancient lights" but is difficult to prove
2. Diesel :)

kaymin

https://www.boards.ie/discussion/comment/122122514#Comment_122122514

Thanks, that's very helpful. I'd be fairly sure there is substantial interference on that measure

Clo-Clo

https://www.boards.ie/discussion/comment/122122371#Comment_122122371

criminal damage, you just got a criminal record 🤦‍♂️

kaymin

I think ancient rights or the right to light applies if your building has benefitted from the light for 12 years which rules that out for me.

DocMcC

Yes, that is it, generally if you can prove you used to be able to read a book during the day in "the room" and no longer can that you are affected but as you said there is a time period and you are talking about a garden not a "room".

as for Diesel, you only have to spill it on your side of the fence (bit drastic I know….)

Kaisr Sose

https://www.boards.ie/discussion/comment/122122371#Comment_122122371

What a great neighbour you would be...

Mr Disco

https://www.boards.ie/discussion/comment/122122849#Comment_122122849

yes, yes I would be

Sheep breeder

How tall is the tree and how long is it there and what type,

kaymin

https://www.boards.ie/discussion/comment/122122997#Comment_122122997

It's over the height of the house roof. It's there ~20 years but has been growing from a small tree over that time. Not sure of the type - it sheds its leaves in Autumn.

10-10-20

blocks all the sunlight to my garden from about 6pm onwards

From 6pm onward? I wouldn't mind if you were missing the midday sun but you're getting that and you still want to cause an argument over what's left after 6? Nah.

kaymin

https://www.boards.ie/discussion/comment/122123151#Comment_122123151

A third of the tree is over my boundary - I'd need a cherry picker to cut it from my side. I work full time Monday to Friday finishing work around 6pm. Also the tree blocks a good portion of light to my garden for half of the rest of the day. Neighbours trees also effectively rule out solar panels.

Cork Lass

Are the roots causing you any problems. We had a problem with a neighbours tree a few rears ago, it was planted very close to our stone wall and caused it to bow. Neighbour called an engineer to prove his tree was not the problem but engineer stated it was the problem and in fairness he had the tree cut down immediately. We had young kids at the time and the engineer classed the wall as dangerous. We then had to have the wall repaired at our own expense but we were happy enough with that outcome.

amacca

https://www.boards.ie/discussion/comment/122122560#Comment_122122560

Wouldnt they have to prove it! Might be hard to do that depending on the method and the timing!

Tbh I think continually cutting it back on their side and letting it become unbalanced on theirs and hopefully topple into them is the best option

You are within your rights to trim if its encroaching on your property so Id be sure where the boundary line is and be jealous about trimming it my side all the way up...

Polesaw and a decent stable ladder might help a lot

Bit of a dick move on the neighbours paet not to be willing to do something to trim it back a bit...neighbour came to me about a laurel hedge growing way too high....I felt like it was only right to trim it down regardless of the law....