Neighbours Trees - A right to light

paulacul

Hi

Our neighbours trees across the road are higher than our actual house. They are blocking the light to front of house, the house is dark, exterior all moss & we would prob find it a waste of time to install solar panels down the line.

The neighbours won't reduce the height of trees. A solicitor told us we might be able to go to Court using the 'Right to Light' angle.

I'm wondering if anyone on here has ever had to take legal proceedings for a similar reason ?

Also interested to know how long this case could potentially drag on and legal fees possibly incurred?

Kind regards

blackbox

Try offering to cover the cost of lowering them. It would surely be cheaper than going legal.

irishgeo

https://www.boards.ie/discussion/2058410574/neighbours-trees-a-right-to-light

have you been in the house 20 years?

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.

This, however, only applies to the windows of a property and not to a garden.

Lenar3556

Trees existing in such circumstances have been known to die.

Jim_Hodge

The crux really is how long have you lived there and how old are the trees?

Allinall

https://www.boards.ie/discussion/comment/123468982#Comment_123468982

People have been prosecuted for trees dying.

paulacul

https://www.boards.ie/discussion/comment/123469042#Comment_123469042

Hi Jim

We're in the house now over 45 years and the trees are probably 20 years old.

I think they are Evergreen trees and they have grown to a huge height now, well above our house.

I think we if we can prove that we could enjoy light before these trees were grown, we may have a chance. Its proving it however that is the confusing part.

...Ghost...

https://www.boards.ie/discussion/comment/123473870#Comment_123473870

I would suggest the proof would be that you live there 45 years and that the trees were not that tall the last time the Google car took images of the street. You can view images from previous years. My estate only has 2 images, from 2009 and 2022 but some have more frequent and older captures.

Oscar_Madison

I don’t envy your predicament OP- thinking it through a little, considering the tree seems to be one that has grown rather robustly over time, even if you got some sort of legal satisfaction for the owners to cut back the tree somewhat- wouldn’t it simply grow back again in a few years and you’re back to square one?

Is the relationship bad with the neighbours? Anyone else impacted?
Just how sturdy is the tree- ie, if you got a professional engineer or similar out to assess, could you get a professional to state that it was dangerous in some way? As much as I don’t like to see tress cut down, if they’re a threat to life then it’s a simple decision .

Sounds like you need to do a bit of homework on the tree itself assuming you’ve some access to it before you go down the “access to light” route.

What type of tree is it?

The Ging and I

Would they pose any danger to your house if they blew down ?

I guess there is no chance the trees on the verge outside their boundary?

But, one thing you might be glad to hear is that you will be able to install solar. I have a large tree outside my own home, and I am getting solar panels installed next month.