Good morning.The neighbours tree in the front of house is blocking the sunlight to my house. Also my lawn has ceased to grow and I am no longer grow flowering plants, as they receive no light.This problem also is present at the back of the house where the tree is at least 40 foot tall and again no sunlight, no flowers no lawn. We live in a housing estate in 4 bed semi detached houses in Dublin 15.
1. At the outset, a property owner is entitled to do what they want with their own property. This includes allowing the trees to grow to an almighty height, allowing ivy grow wild and allowing grass grow to 2ft high. It is only if the tree/ivy/grass encroaches on your land that you have any right to cut it back to the midpoint of the boundary line between you. Additionally, I regret to say that there is no such thing as a "right to light" in Irish law. You have no right to an amount of sunlight entering your property. This means that if your neighbour's trees shade your property, you cannot cut them back, nor can you compel your neighbour to cut them back in law.
2. It is only in certain areas in Dublin, that the Council can compel the property owner to cut back their trees under byelaws passed by the local Council. You should check with your local council to see if they have passed such byelaws. This would enable you to get the Council to compel your neighbour to cut back the trees.
Thank you for your advice. Do you know if Fingal county council have passed just bylaws. I am worried about the height of these trees that they will fall either during storm, heavy rain or frost/snow and damage my property, apart from the light aspect of the problem
3. I don't know if Fingal County Council has passed these byelaws. You will have to check with their legal or environmental officer. I know Dublin city Council has.
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