Neighbor trees again :)

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'

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?

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.

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

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.

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.

Cuddlesworth wrote: »

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?

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.

antix80 wrote: »

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

String and set square works too.

OP we had the same issue with a rented property and a neighbour with 15m tall Leylandis on his side of boundary. They were remote from his house (circa 100m) and he liked the privacy it afforded.

I told him in the event of them falling they would damage house; damage we "might" have been insured for but for which the Insurance company would come after him for the costs. I told him it was unlikely he would be covered with his own policy (I had no idea but I felt he wouldn't call to check) especially as I had put him on notice in writing previously. As an owner of property he would be viewed as a mark in the event of being sued.

The more passive aggressive and gently you put the above the better. It'll sink in fine without being forceful

He was much easier to deal with after that and we split the small cost 50/50.

The cost was small as there was and probably still is a high demand for biomass. Trees were felled by a machine and chipped on site and sold. Cost was slight less for €1k each.

The Continental Op wrote: »

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.

Do you not find the guineas awful noisy fcukers around the place

The Continental Op wrote: »

Compared to my wife the noise is very soothing

We love them because they are such a great fox warning and deterrent. I've watched them all attack a fox (all bluff but it works) and the fox run off.

What sort of fowl do ye keep.

If the house is well insulated, the sun isn't going to heat the inside of it one iota in winter, given insulation works both ways, but that's beside the point that the sun doesn't heat irish houses in winter. What next, the need for people to apply sunscreen before going outside on a sunny day in December?

Lol. I have a sun room with south and west facing windows, and I close it off from the rest of the house in winter and the temperature in there is around the same as the inside of my fridge. In winter, you would need to stand outside in the sun for 36 hours near naked, to make the daily recommended amount of vitamin D.

I think you should try and buy the property and cut down the trees and sell the property, but first check that you don't need permission to cut them down as it may be a planning requirement they are retained.

Are the roots of the leylandii impacting your boundary walls or foundation?