I'm worried about our home being devalued because our neighbour's trees block light. What can we do?
My husband and I built our home on a site we bought in the mid-1980s. All the land adjoining our site was sterilised by the county council so that no further building could take place. We had lovely views of the mountains and plenty of sunshine giving light to our garden and house.
New neighbours moved into the house next door soon afterwards. They planted all of the 23 acres in hardwood forest on two sides of our property, east to south sides, which cuts out our sunshine for a major part of the day, especially in winter. The forest is planted right up to our fence. It is now about
2½ metres high and will grow to nearly
61 metres.
I checked if they had planning permission for it, but was told by the council that they didn't need it as it was under 25 acres. We asked them to reduce the height of the trees on our south side and they agreed they would, but they never did it.
I'm worried that it will seriously reduce the value of our beautiful architect-designed home, which will probably be sold in the next decade or so. At present, our solar panels make no electricity early in the day because the sun is low in the sky and the light is blocked out until later in the afternoon. What are our rights, if any?
READ MORE
Let's look first at afforestation and the relevant licensing requirements. It is worth checking if the planting of trees on your neighbour's property qualifies as afforestation. In Ireland, an afforestation licence is required if the area planted exceeds 0.10 hectares (approximately 0.25 acres). Planning permission, however, is only necessary if the area exceeds 25 acres or involves specific environmental concerns. If the trees were planted for other purposes, such as landscaping or private gardening, licensing rules may not apply. Verifying the purpose of the planting can help clarify whether any rules have been breached.
The right to light is a well-established legal concept that protects access to natural light for specific windows of a property. If you have enjoyed uninterrupted access to light through a window for more than 20 years, you may have acquired an 'ancient lights' easement under the Prescription Act 1832. However, this right applies only to specific windows and not to gardens or open spaces. It is also worth noting that there is limited case law addressing tree-related obstructions, making this a legally uncertain area.
Property Clinic's Patrick O'Connor is a senior partner at P O'Connor & Son solicitors in Swinford, Co Mayo
The distinction between interference by buildings and trees is important. While legal precedents address artificial structures obstructing 'ancient lights,' there is little authority on natural growth such as trees. Planning laws regulate building heights to protect views but leave tree heights unrestricted, offering homeowners minimal options for such obstructions.
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Legal protection for solar panels is even more limited, as Ireland does not have specific 'solar rights' laws guaranteeing access to sunlight for renewable energy systems. Homeowners may be able to pursue a nuisance claim if the shading caused by neighbouring trees severely impacts the panels' functionality, resulting in financial loss or operational issues. Strong evidence, such as reduced energy output or higher electricity bills, would be crucial to supporting such a claim.
The right to a view
In Ireland, there is no legal right to preserve a scenic view, even if the loss significantly reduces your property's value. Obstructions caused by natural growth, such as trees or woods, do not constitute grounds for complaint unless they breach local building regulations or overhang your property. Precedents such as Potts v Smith (1868) and Webb v Bird (1862) have upheld that there is no entitlement to maintain uninterrupted access to views, wind or air.
Your best course of action may be to engage with your neighbour directly. Discussing the issue and negotiating a compromise, such as trimming or reducing the height of the trees, could provide a practical solution. If that fails, consulting a solicitor with expertise in property law can help you explore whether nuisance claims or other legal remedies might apply.
Unfortunately, the law provides little relief in many cases involving trees and views, but taking early action and seeking professional advice may help you protect your property's value and functionality.
Patrick O'Connor is a solicitor at
P O'Connor & Son
This column is a readers' service. The content of the Property Clinic is provided for general information only. It is not intended as advice on which readers should rely. Professional or specialist advice should be obtained before persons take or refrain from any action on the basis of the content. The Irish Times and it contributors will not be liable for any loss or damage arising from reliance on any content
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