We bought and moved to a rural property 14 years ago and have done extensive work on both the house and the land since we began living there in 2011. The neighbour in the adjoining property was a very nice elderly lady, who unfortunately died eight years ago. Her daughter sold her property to a couple who we have very little contact with. They seem to be absent a lot of the time.
We live on a mountain side on a peninsula and have, like most of the houses on our road, a fabulous view of the sea. When we bought our house, it was small and overgrown, but it was the view of the bay that convinced us this was where we wanted to live out our days. Before the daughter sold up, she very kindly offered to either cut down or trim some very unsightly and overgrown leylandii trees ( more than 20m tall) along the border on her side of the property, so we asked that some three or four of them be trimmed.
They obscured some of the evening light and are also quite a worry during stormy weather as they have a shallow root system. We don’t want them completely removed as we don’t wish to lose privacy, and we assumed the new neighbours would feel the same.
However, one day before one of those increasingly frequent storms we are having approached, I tried to talk to the new owners, to advise them that perhaps they should consider trimming the tops of these overgrown trees that are essentially hedging, to minimise any threat of a tree falling on their property and causing damage.
‘Is it true we have no legal right to our sea view?’
‘My apartment walls are paper thin. How can I reduce noise disruption to neighbours?’
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The woman I spoke to said that they would under no circumstances do any cutting or trimming of any tree. She also added that “there are no proper tree surgeons in Ireland”. I was left with a feeling that there was little chance of any neighbourly discussion then or in the future.
At first those neighbours did some upkeep of the rather large piece of land that came with the property, but over the last few years, the land seems to have become completely wild and overgrown. I realise this is none of our business, but now we have a new and more pressing problem.
There are some evergreen trees growing alongside their drive. They look like Scotch pine and are growing at an alarming rate. Their drive is below our property garden and, if left unkempt, will eventually completely obscure our view of the bay and the peninsula beyond.
When I looked at legal advice online regarding this problem, it seems that the law states “nobody has a right to a view”. But is this really true? Can a neighbour really plant trees that will eventually obscure our view?
And what about the removal of light these evergreens will surely cause? We will be looking at a tall, dark wall and our garden will be in shade all afternoon and evening. A recipe for depression, surely. And you could add that when we are too old to stay here, its selling point, the fabulous view, won’t exist and this will affect the selling price too, and all our hard-earned money and hard work will have been in vain.
A person fortunate enough to enjoy a sea view from their window will surely agree that it becomes more than just a feature – it becomes a part of a home. A sea view offers tremendous value, far more than in a financial sense, from the beauty and tranquillity it offers. It is understandable that the thought of being deprived of this view would be distressing to any homeowner facing the prospect. However, it’s true, there is no legal right to a view.
The principal reason for this if such a right existed, it would unduly interfere with the property rights of landowners. Put simply, if you lived in an urban area and could object to any development due to its interference with what you see when you look out your window, nothing would get built. As beauty is in the eye of the beholder, it would be impractical to judge objections based on an individual’s subjective value of a view. Although planning laws might place some restrictions on the height of a building that may incidentally protect certain views, there are no such restrictions on the height of trees.
A right to light does exist, however, but not to the situation as described. The right to light can only exist in favour of a window or other opening of a building, it does not extend to a garden.
Even if the right to light extended to a garden space, you would need to establish that the interference is substantial and unreasonable.
There are, however, legal protections available to you regarding certain circumstances that you outline in your question. If any tree or hedge on the adjacent property protrudes into your property, this could be considered trespass. You are within your rights to cut back any such tree or hedge or part thereof to the boundary line without the consent of your neighbour, so long as you do so from your own property, and you do not go beyond the boundary line.
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Any material damage caused to your property by a falling tree, hedge or part thereof from a neighbouring property could be considered a “nuisance” in the legal sense, where that damage is caused by a failure of the defendant to alleviate that nuisance. It must be reasonably foreseeable that there was a danger, otherwise your neighbour would not be held liable. To establish if there is or is likely to be a danger presented by the trees on your neighbours' property, you would require a report from a tree surgeon.
If the report suggests a danger exists, put your neighbour on notice in writing, enclosing a copy of the report and stating that you will hold them liable for any damage caused by the failure to alleviate the nuisance. If the report does not suggest any danger, this will at least allay some of the healthandsafety concerns presented by the situation you describe and may provide you with some peace of mind.
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In summary, although there is no legal right to a view, you do have options where the trees pose a risk to safety or encroach on your property. It would be advisable to try talking to your neighbours once again to set out your concerns and proposals in a courteous and polite way and see how it goes.
If talking is not fruitful, obtain a report from a tree surgeon or arborist to see if the trees present any danger. If they do, write a formal letter to your neighbour and contact your local authority, setting out your concerns in detail.
If the issue persists and continue to pose a danger, contact a solicitor and explore your options either through the courts or preferably by way of alternative dispute resolution, such as mediation.
Patrick O’Connor, solicitor at P O’Connor & Son Solicitors
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