Some more detailed research might be needed to show the trees constitute a nuisance. If it could be proved that they were a nuisance and the deed for the neighbouring property contained such a covenant, you may be able to sue for breach of covenant.
Your chartered building surveyor, architect or engineer could advise you on the planning aspect of the matter, and if the planting of the trees could constitute a change of use or an intensification of use for which planning permission was required. A right over land as opposed to a right or interest in land is called an easement. There are many different types — the one most familiar to many Irish people is turbary, the right to cut turf on a bog. The right to light is also an easement but traditionally there was never a general right to light.
To sue someone for blocking light to your windows, you had to prove that you had acquired a right to light by relying on section 3 of the Prescription Act you had to show you enjoyed the access to the light for 20 years or more. Prescription is the presumption of a right over land and historically was obtained by showing long use or enjoyment of the right. There were a number of other requirements in the Act also, such as exercising the rights openly, continuously, without interruption and without objection from a third party.
However, and unfortunately for you, since the introduction of section 35 of the Land and Conveyancing Law Reform Act , it is no longer possible to establish any rights over land merely by long use. Now a court order is required. Once a court order is obtained confirming the existence of a right over land, this order must be registered in the Land Registry or Registry of Deeds.
In the absence of being able to agree something directly with your neighbour, you could seek assistance from a mediator. Failing that, you are looking at making a court application for an order confirming your right to light.
Disputes about what is the exact boundary between 2 properties can be difficult to solve so get legal advice. To help us improve GOV. It will take only 2 minutes to fill in. Cookies on GOV. UK We use some essential cookies to make this website work. Accept additional cookies Reject additional cookies View cookies. Hide this message. Home Housing and local services Noise, neighbours, pets and pests. The Rights of Light Act states that if a property has received daylight for the last 20 years the minimum prescribed period , they may be entitled to continue to receive that light.
This means that if your neighbour builds a large fence which restrict the daylight your property receives for example by blocking daylight reaching a window , you may be able to apply to the courts for your daylight to be restored, or for any injunction to prevent a proposed fence being built.
In theory the same case can be made for large trees blocking light but trees are rarely implicated because they grow slowly and it is difficult to be precise about when the loss of light occurred.
Trees restricting light that fall within the terms of the High Hedges Act might be contested on these grounds rather than the Right to Light Act. See our advice page on Tree Preservation Orders. Can I cut off overhanging branches? Do I have to get permission from my neighbour or give them notice to cut off the overhanging branches? Only in situations where you need access to their land to undertake the work would permission be required.
Similarly prior consent from the local authority is required for trees with a TPO or in a Conservation Area. What do I do with the prunings?
Once branches are cut off they should be offered back to the tree owner. Can I cut back further than the boundary to prevent regrowth causing a problem? What if my neighbour complains about how the tree looks after I have cut off the branches to the boundary?
They do not have any legal recourse but in the interests of good neighbourly relations you might consider options for compromise, such as sharing the cost of a tree surgeon to create a balanced canopy. In law you would be considered negligent.
Sometimes branch removal can lead to tree failure due to disease, a change in the balance of the tree, or different wind loading that causes the tree to blow over. For these reasons it is important to employ a competent tree surgeon or arboriculturist who could minimise risk and would take on the liability for the work check they have public liability insurance prior to engagement of services.
Can I pick and keep the fruit from overhanging branches? No, not without permission from the owner. No, not without their permission. Windfall fruit still belongs to the owner. Fruit fallen from fruiting trees in a public space or on common land is in most cases OK to forage.
If in doubt, check to see who owns the land and seek permission first. What about liability for poisonous fruit, seeds or leaves? The tree or hedge owner will be liable for damage caused by fruit, seeds or foliage but only if it overhangs the boundary. Can I tell my neighbour to come over and sweep up the leaves from their overhanging tree? The owner of a tree is not obliged to clear up fallen leaves. The exception is if damage occurs as a result e. Can I cut off roots growing into my property?
You have the same rights and liabilities as for cutting off branches. And prior consent from the local authority is required if the tree has a TPO or is within a Conservation Area. What if the tree falls over after I cut the roots? Search the site Search Search.
Home Planning and development Planning applications Tree preservation Tree Preservation - FAQs What is the maximum height that my neighbour can grow trees in their garden? What is the maximum height that my neighbour can grow trees in their garden? Do I need permission? What is the purpose of a tree preservation order?
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