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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11287
Experience:  Barrister 17 years experience
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In Ireland: What are my rights, where a neighbours trees are

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In Ireland: What are my rights, where a neighbours trees are growing larger and gradually blocking my view. They consider it to be their property to do with as they wish.

Buachaill :

1. I regret to say that in Ireland, an owner of property may do what they wish with that property including growing trees to any height they may wish, even if this shades another property. In Ireland, there is no "right to light". So, just because a neighbour's trees are blocking out the light, this does not give you a remedy. In your situation as a neighbour, you are entitled to lop any branches which come over the midline of the boundary, or to dig a trench on your side of the fence and cut back any roots which transgress over your land. Otherwise you have no right to cut back the tree growing on their side of the fence, even if this blocks your view. Finally, be aware that should any disease be introduced which harms the trees, there will be no liability for this provided it was a result of nature.

Buachaill :

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Customer:

1. Does this mean that it is OK to plant taller, denser trees, even though this is blatantly anti-social towards your neighbour? and

Customer:

2. Also, the neighbours house was built much later than your house, therefore they knew what view you had before they even started to build their house - it is the intentional act of ignoring the neighbour.

Buachaill :

2. It is OK to plant whatever you want in yourown land irrespective of what your neighbour might want, whether this is taller denser trees or not and whether it is anti-social to your neighbour or not.

Buachaill :

3. The law legalises all acts of building by planning permission. The onus was on you to object to your neighbour's development if you wished to do so. There is no rule of law which requires sociability towards one's neighbour, i regret to say.

Buachaill :

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Customer:

Ah well, that may explain why some sectors (50%?) of the Irish are so indifferent to their neighbours; are so keen to resort to litigation to resolving disputes, instead of discussion, negotiation and compromise. Other Irish are incredible, a joy to work with, and the best neighbours in the world............ Thanks for your advice.

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