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My neighbour refuses to trim a high hedge. It is over 8ft high…

My neighbour refuses to trim...
My neighbour refuses to trim a high hedge. It is over 8ft high and I want it cut to 6ft approx.
It run for 240ft along side my garden and is 12 ft from my sunroom. In summer it blocks all evening light coming into my garden and patio and in winter from afternoon. The ground never dries in winte and nothing will grow in shadow of hedge. I have complained for several years and spoken to neighbours several times. Have I a legal solution.
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Answered in 32 minutes by:
10/3/2012
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,205
Experience: Barrister 17 years experience
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Buachaill :

1. at the outset you need to realise that there is neither any "right to light" in Irish law, nor is there any right to cut your neighbour's bushes. In relation to your neighbour's hedge, you can trim any branches which overhang into your land back to the midpoint line of the boundary. You can also dig a trench along the boundary and cut all roots which intrude onto your property. However, the law does not give you a right to cut any part of the hedge on your neighbour's land. In law, a person is entitled to grow what they like on their land provided it does not intrude onto a neighbour's land. However, you should be aware that there is no law which prevents the spread of a disease which would kill the hedge. Parties often feel very frustrated because so little can be done in your situation where the amenity of your land is badly affected by a high hedge. Accordingly, you need to be creative in finding a solution. Nature, such as introducing an organism which will eat or destroy the hedge is often the only way, because in Irish law, you have no right to light coming into your garden and you cannot cut the hedge yourself without your neighbour's permission.


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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,205
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