Neighbour’s Trees blocking light to back garden

dibs101 · 27-06-2019 07:37PM #1

Just a quick question, can anyone inform me as to how I stand legally here. The trees in my neighbors garden are completely blocking the sunlight into my back garden. We ignored it for a few years but the growth spurt they have taken this year means that our garden is almost in shade for the entire day. Are we within our rights to demand (ask politely) that they get them chopped back?

Anyone been in a similar situation?

Thanks for any help

nuac · 27-06-2019 07:47PM

Mod
Legal advice against forum rules, but leaving open for general discussion

neilthefunkeone · 27-06-2019 07:50PM

Very same situation with our neighbor. We were friendly so i just said it one day as we were passing. He is elderly so i offered to do the work and dispose of it but he insisted so got someone in and cut it right back.
It made a huge difference.

So id say go in be friendly and see how it goes.

dibs101 · 27-06-2019 10:31PM

neilthefunkeone wrote: »

Very same situation with our neighbor. We were friendly so i just said it one day as we were passing. He is elderly so i offered to do the work and dispose of it but he insisted so got someone in and cut it right back.
It made a huge difference.

So id say go in be friendly and see how it goes.

Thanks, thinking of taking the same approach. Will ask politely, see where it gets us.

Atlantic Dawn · 27-06-2019 10:36PM

Approach them and ask them to cut them back to the boundary line, unless they are sea wurds they should be fine with that. If they play the sea card cut them to the boundary line and dispose of them in their property.

If they are not overhanging on your property there's legally nothing you can do.

dibs101 · 27-06-2019 10:44PM

Atlantic Dawn wrote: »

Approach them and ask them to cut them back to the boundary line, unless they are sea wurds they should be fine with that. If they play the sea card cut them to the boundary line and dispose of them in their property.

If they are not overhanging on your property there's legally nothing you can do.

The majority of it is on their side of the fence, we’re in a semi detached so the 3 big trees on their side of the fence means we get no sunshine and the sun shines on their garden all day. I’ve trimmed the bits on our side over the last few years but it’s barely scratching the surface. These are as high as the house now.

elperello · 27-06-2019 10:45PM

If you are cutting back to the boundary you should offer the cuttings to the neighbour but they are not obliged to take them.
Do not dump the cuttings in their property.

The Bishop Basher · 28-06-2019 06:27AM

We have a similar issue.

Our house backs onto a cul de sac in a small estate and 2 trees in the common area of the estate overlook our back wall.

I’ll be intrigued to see if you can sort this OP cause I’m getting more and more frustrated with our situation as it could be so easily revolved in an hour with a chainsaw if I could just find the right person / people to authorize it.

The Enbalmer · 28-06-2019 07:25AM

Had a similar problem with me neighbours tree overhanging parts of my garden. He's a buy to let so I don't see him very often. When I saw him I offered to help him cut it back,told him that tree had historically been a nuisance etc etc and the previous elderly neighbour had let it grow wild and it had damaged my fence in the past(a fib).
He agreed to cut it the next time he was up and said he would enlist my help too...the trick in dealing with this sort of thing is to always be polite and friendly..offer to help if necessary but don't piss the person off..some people might decide to leave it to spite you if you run them up the wrong way and then things can get less pleasant. Always,always try diplomacy first.

facehugger99 · 28-06-2019 07:56AM

dibs101 wrote: »

The majority of it is on their side of the fence, we’re in a semi detached so the 3 big trees on their side of the fence means we get no sunshine and the sun shines on their garden all day. I’ve trimmed the bits on our side over the last few years but it’s barely scratching the surface. These are as high as the house now.

Not sure of the legalities but it really is the height of ignorance to grow large trees in your back garden in a 3-bed-semi scenario.

Prioritising your own 'privacy', or whatever other justification is used, above your neighbour's ability to get a bit of sunshine is the kind of self-centered attitude that has led to the degradation of societal values.

BarryD2 · 28-06-2019 08:41AM

The Bishop Basher wrote: »

.... I also have major concerns about root damage to foundations given the proximity of one of the trees to the house.....

I’ve also been spraying it with weed killer and undercover of darkness I managed to drill deep holes into the roots and poured in concentrated weed killer there too. My hope was to rot it from the inside so it would just crumble and die slowly but not fall over.

Eh, this doesn't sound like a good idea! If the tree (which sounds substantial) dies, then it's hardly going to just stand there ad infinitum. If the wind is blowing your way on the day it collapses, well the chickens will have come home to roost!

baaba maal · 28-06-2019 08:47AM

If the tree is in a common area and the estate has been taken in charge by the council you should contact the parks department.

I would suggest that injecting herbicide into a large tree to rot it from the inside is not a good idea- you have no idea what the tree will do as it rots- once it is weakened a storm could drop it in any direction. Large trees need to be taken down in a controlled manner (usually by removing heavy limbs and then taking out the trunk). You and your neighbours are hostages to fortune currently.

The Bishop Basher · 28-06-2019 08:55AM

BarryD2 wrote: »

Eh, this doesn't sound like a good idea! If the tree (which sounds substantial) dies, then it's hardly going to just stand there ad infinitum. If the wind is blowing your way on the day it collapses, well the chickens will have come home to roost!

It would take a very strong Easterly wind which is rare enough and even if it did happen it’s practically leaning up against the house anyway so it wouldn’t fall in that sense. It far more likely to fall down hill and onto grass bank on the far side

Anyway, sorry I didn’t meant to hijack op’s thread.

I’m just interested in the legalities and experience others may have to solve what appears to be a common enough issue.

Villan11 · 28-06-2019 08:58AM

Hi Dibs101,

Moved home 6 years ago and was delighted with south facing garden. Soon noticed that almost all day time sun light was blocked by tree in house that backs onto ours. It's an evergreen tree that's taller than the house (standard three bed semi-d). Was hoping to agree with neighbour about pruning it. He is an elderly man who lives alone, and the first time we spoke was when I introduced myself over the wall. During the conversation he brought up the subject of the tree and how much he loved it because of the privacy and wildlife. To be fair I agreed with the wildlife and privacy issue but simply agreed with him and said no more. Have developed a reasonably good relationship with him, despite the fact that he is only there half the year. About three years ago I trimmed back all the branches that were overhanging in my garden. Soon afterwards we had a conversation where he noticed the work I had done and offered to thin it out more. I was quite insistent that I didn't want him to do anything but that maybe we could agree to get someone in and professionally trim it. Last month he brought this up again where we agreed to basically cut the top half off the tree and split the bill. This still meant that the tree would be as tall as the gutters (i.e. cannot see from bedroom to bedroom which maintains privacy). Got a quote and there was no issue from his side. Hoping to get the job done before the summer is out.

Long story short, what worked for me was the patient and polite approach. Explained the rational reason why I would like tree pruned but respected that he still liked it and the wildlife and privacy it brings.

Best of luck with your efforts!

stargazer 68 · 28-06-2019 09:01AM

Have the same problem. House at the back of us has a massive tree - our garden is 90 ft long and our patio outside our kitchen is in the shade for a portion of the day/evening. They have cut it back on their side so all the branches are just on ours. Now its obviously been there a long time and we can't cut our side as its just too big - would need professionals in which, at the moment, don't have the cash to pay for.

Its very top heavy - don't think it would come down but if it did our garage would get it along with the next doors log cabin at the end of his garden! We have been told by another neighbour that a couple of trees came down a few years ago and took out a chunk of someones kitchen extension. We can see whats left of those trees as they have now cut them down.

looksee · 28-06-2019 09:08AM

While it would be good manners to consult a community association, but if there isn't one or if it is completely ineffective you should make other arrangements. They can't give you permission to do anything in those circumstances anyway, contact the council.

The Bishop Basher · 28-06-2019 09:39AM

I spoke to the council. They can’t do anything as it’s a private estate and advised me to speak to the residents association which I also tried but doesn’t appear to exist.

endacl · 28-06-2019 09:46AM

The Bishop Basher wrote: »

I spoke to the council. They can’t do anything as it’s a private estate and advised me to speak to the residents association which I also tried but doesn’t appear to exist.

If it’s not the council’s problem, and the residents association doesn’t exist, then it appears to be an orphan tree. What’s to stop you just getting rid of it?

Peregrinus · 28-06-2019 09:58AM

The land, and therefore the tree which grows on it, belongs to someone, and that someone could take action against BB if he cuts down the tree without permission/approval. By the sounds of it, the someone isnt' exactly hyperactive, but it other residents like the tree and are angry about it being cut down - and of course the first they may know about it is when they wake up and find it gone - then they could get together to activate the mamagement company (or whatever entity owns/controls the common spaces) to pursue BB.

BB, is the common area maintained at all? Grass mown, anything like that? Who's doing that?

baaba maal · 28-06-2019 10:26AM

The Bishop Basher wrote: »

I spoke to the council. They can’t do anything as it’s a private estate and advised me to speak to the residents association which I also tried but doesn’t appear to exist.

Has the estate been taken in charge by the council?

The Bishop Basher · 28-06-2019 10:53AM

I’m really sorry OP..

Honestly didn’t mean to hijack your thread.

baaba maal · 28-06-2019 11:39AM

The Bishop Basher wrote: »

It’s maintained by the local residents. The grassy area behind is usually mown by the occupants of one of the houses closest to us.

I get the impression from observing the goings on such as bags of grass left lying around and areas of grass left partially uncut, that maintenance is a contentious for some of them. I suspect this is because they don’t have a committee to organize themselves but that’s pure conjecture on my part.

I’m confident it’s not the councils responsibility. I have a good relationship with some of the councillors and they were a huge help with both funding and resources when we tidied up a few unkept areas close to us a few years ago. I know If they could help me out here they would.

I’m really sorry OP..

Honestly didn’t mean to hijack your thread.

I think I have my answer, slow and stealthy is the way to go..

I'm a bit confused by this- "regular" housing estates (as opposed to apartment blocks that are managed by a company) are normally managed by the developer until they are taken in charge by the council. Taken in charge refers to surface waste drainage, road maintenance, street lighting etc.- assuming it has been then the council has assumed the legal responsibility for these issues- as well as the insurance implications should a tree from a common area fall and cause damage.

So either the estate hasn't been taken in charge yet- and it would be rare enough for an estate with large trees (implying the development is built a number of years ago), or the particular parcel of land is not registered as part of the estate.

And apologies also to the OP for the hijack- just clarifying the above point.

my3cents · 28-06-2019 12:41PM

The Bishop Basher wrote: »

I hear you and I understand the way it usually works.

The estate was built over 20 years ago. The original developer is still around. I had originally gotten permission from him to connect to the mains sewage in the estate when we rebuilt our house about 10 years ago which means it wasn’t council then and according to everyone I’ve asked including friends within the council, it hasn’t changed hands since.

I suppose I could try the original developer but I can’t see how he’d have any input at this stage.

It’s an odd one. I’d always be inclined to try and find an agreement with all affected parties before taking action on something but this was affecting our quality of life and rightly or wrongly, in the absence of any other options, I took matter into my hands as best I saw fit.

Years ago when I worked in tree surgery we used to have a standard letter we'd send out to anyone that would have an interest (normally the council) that we we intended to remove tree XXX at location XXX and if didn't hear any objections before then we'd carry out the work.

Not sure if that would help but you could send copies to the developer and everyone living on the estate?

The Bishop Basher · 28-06-2019 02:53PM

my3cents wrote: »

Not sure if that would help but you could send copies to the developer and everyone living on the estate?

That’s a great idea.. thanks..

NUTLEY BOY · 02-07-2019 10:49AM

A few thoughts ;

Poisoning someone else's tree through the roots and or the foliage would probably constitute the offence of criminal damage.
It could be worse if the tree falls and actually kills or injures someone.

Some tree types are entirely unsuitable for domestic residential environments.
However, they are planted out of ignorance or out of malevolent selfishness.
The worst offender is the leylandii because they grow overpoweringly high and fast.
There is very little that can be done if the tree is posing no danger.
Modern planning and development regulations url]http://www.irishstatutebook.ie/eli/2001/si/600/made/en/print#part2[/url might provide for maximum limits on fence heights in new developments but I suspect that would not apply here or to hedges.

The right to light is a ticklish problem for a garden as distinct from the inside of your house.

You can probably acquire a right to light by prescription in relation to the house.
So, if certain rooms of your house have enjoyed uninterrupted natural light for say 20 years you might acquire the right.
I think this is known as the doctrine of ancient lights.
I am unsure if the same right could actually extend to a garden as distinct from the house.

It is probably only theoretical but if there was any formal agreement in place between the adjoining properties about trees, height of trees and so on there would be an effective easement in place. I think such easements probably only live in the pages of legal textbooks :rolleyes:

Of greater concern to me would be the issue of trespassing tree roots from the adjoining property.
This is an invisible danger until damage is caused by them.
Trespassing roots are capable of spreading far and causing settlement and or subsidence and or foundation damage by abstraction of water.
Trespassing roots can also strangle underground services like cables and sewers.

Villan11 · 02-07-2019 11:06AM

Unfortunately it is a leylandii that I'm dealing with, hopefully will only be half this size before the summer is out.

dibs101 · 02-07-2019 09:22PM

Thanks for all replies, I’ve approached the Neighbour and she has agreed to look into it over the coming weeks after she had a look at our garden in the shade! Watch this space!

stargazer 68 · 05-07-2019 10:29AM

Ours isn't a leylandi but still big enough!

Villan11 · 05-07-2019 10:33AM

Happy days, always good to hear when there's some sort of common ground agreement. I've contact the tree surgeon as neighbour back from holidays and all systems go for halving the tree. Hope's to do it in the next 3 weeks. Happy days!

dibs101 wrote: »

Thanks for all replies, I’ve approached the Neighbour and she has agreed to look into it over the coming weeks after she had a look at our garden in the shade! Watch this space!

Discodog · 06-07-2019 02:05PM

I know of someone who used to have an uninterrupted view of the sea. A house was built below them & leylandi planted. They now have no view & local agents say it's wiped tens of thousands off the value of their house.

Neighbour’s Trees blocking light to back garden

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