# Neighbours trees a problem - Legal position



## ssnrcs

Wondering if anyone can advise on legal position regarding neighbours trees which are now approx 25ft high, blocking sun into garden. Tried talking nicely but neighbour is adamant that he is entitled to "privacy", although trees almost cover height of his house. 
Seemingly there is a specific law in UK regarding this issue, due to amount of issues with Laylandii etc, but could not find anything on web for ireland.
Coming to the nice weather again (hopefully) but most of our garden is in shade.


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## MOB

As best I recall, the UK position is not governed by a specific law.  Rather, there is case law to the effect that fast growing dense Leylandii are capable of constituting a nuisance, and that you can therefore require that the nuisance be abated.   ( I suppose you could say there is a specific piece of case law).  I am unaware of any Irish case law, but UK court decisions would be regarded as having some persuasive power before an Irish court.

You need to talk to a solicitor, and the chances are that the solicitor will need to get a written opinion from a barrister.  This does not sound like the sort of case where you will be told that you have a highly winnable case. At best, they will probably tell you that there is a stateable case.   Certainly, any good solicitor will urge you to try to resolve this without litigation.

If, following detailed advice, you decide to bring a case, the chances are that it will cost at least €5k.  Even if you win, the costs awarded may not cover your full legal bill.   If you lose, it could end up costing you in excess of €10k.  

Please get specific written advice before proceeding (and under no circumstance should anybody rely on my observations here - my observations here are intended only to prompt people to get written legal advice, and in no degree as a substitute for it).  However, with that caveat, you are entitled to cut away both branches and roots to the extent that they protrude into your garden.   If a tree relies on roots in your ground, if removing these roots would destabilise a tree AND if it it would fall safely (i.e. not onto a house or person) then you might consider taking appropriate action (under the supervision of a tree surgeon).


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## 3CC

Or could you tell your neighbour that you intend to cut branches / roots in your property. Then (1) you have been as reasonable as you can be in the circunstances and (2) the onus is on him to stop you. All of this might make him reconsider trimming the trees to a mutually satisfactory solution.


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## runner

Cutting back high trees can be expensive, and ure neighbour might not see the need to spend money on it. Offer to get them cut back(at your expense) to a mutually agreed level and it might work. Its probably cheaper that going legal.


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## ssnrcs

Thanks MOB/all for the advise. I am still trying to work with my neighbour and he has said that he will cut overhanging branches. He will, however not reduce the height. 
I feel it frustrated that he get away with this. I believe these trees grow up to 6ft a year ! Seems unfair but not sure what options I have. Just have to accept that I have a very private, dark garden !!


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## ophelia

ssnrcs, I totally understand your situation.  I am in the same sorry situation..... a very stubborn neighbour, who dosn't give a damn about how his garden looks or what impact his trees have on others.  He once had nine trees in his front garden - a space no bigger then a driveway that takes one and a half cars and just the width of a regular 3 bed house!! He finally cut down two when they started scratching *his* car. His Cypress Leylandii are now up to the bedroom windows. He has cut a little off the top once in twenty years but they are ruining my lawn and I cannot grow sun-loving plants.  They are also encouraging huge amounts of moss and depriving us of light.  I have spoken to him in the past but he is not a very agreeable type. Why do people feel that they have to have a huge barrier around their houses?


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## dats_right

..


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## dublady

I'm having the opposite problem and would appreciate some advice too.

The botannical offender is almost 20 feet tall with tall spindly branches (so no light issues there) which was covered in white blossom. I think it started off life as a Bonsai tree some years ago. Unfortunately, because of the recent bad weather some of the blossom has fallen into my neighbour's newly cobblelocked back garden.

This afternoon my irate neighbour called to my house insisting that I cut it down because her new patio has a few of the offending blossoms on it. At the moment I'm getting a house extension done and I can't even access the tree because of all the builders stuff ( blocks, pipes,timber, insulation boards etc., etc.)

Help - what do I do?


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## ssnrcs

Hi dats_right ....'reasonable use and enjoyment of your property" sounds very legal terminology .... tried seaching but couldn't find anything on web....could you direct where I might find case examples of this and it's application.... I would like to "make my neighbour aware" of cases where people have been forced to cut back tree, without actually threatening him with legal action ... i would still like to sort out in reasonable manner.


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## dats_right

McMahon&Binchy, Law of Torts (3rd ed-2000) p 687, states:

"The principles of law are, however, are reasonably clear. Where the encroachment of tree roots [or branches] onto the property of a neighbour causes damage, this constitutes a nuisance, which entitles the injured party in an appropraite case to seek damages or an injunction or to abate (ie. reduce or remove) the nuisance himself or herself. Moreover, he or she need not wait until damage is done: he may take protective action by cutting the roots as soon as they project into his property...
Where a branch encroaches onto another's property and causes damage, the occupier of that property will have the same remedies as in the case of encroaching roots."

There is a definite dearth of reported cases, on tree roots and branches, probably because the law is so clear and well known, as McMahon&Binchy point out. But there are some reported cases although I can't see any recent ones, the text book I've quoted would  be a very good starting point and should be available in your local library. 

Private nuisance is a very wide ranging tort covering all manner of activity(much like negligence) and courts are generally quite realistic in what they consider to be an interference with the 'reasonable use and enjoyment of your property'. I think it is fairly well accepted that overhanging branches is such a nuisance, therefore he would be perfectly entitled to cut them back himself without the consent of the person who owns the tree. But be warned neighbourhood disputes can escalate and it is always best to try come to some sort of amicable arrangement.


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## Diziet

dublady said:
			
		

> This afternoon my irate neighbour called to my house insisting that I cut it down because her new patio has a few of the offending blossoms on it. At the moment I'm getting a house extension done and I can't even access the tree because of all the builders stuff ( blocks, pipes,timber, insulation boards etc., etc.)
> 
> Help - what do I do?


 
Smile nicely and be polite, but unless your tree seriously overhangs his property and/or the roots are creating problems, then do nothing. Sooner or later he will have to sweep that patio - his patio and his problem . Surely not worth getting rid of a tree for.


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