QI have a very small garden which I frequently sat in and enjoyed, but not any more as the sun no longer reaches it. My neighbour, who has a massive garden and employs a gardener weekly, planted a Leylandii hedge between us about 20 years ago.
Initially I didn't mind, because he always responded to my request to keep his hedge cut on our side. However this stopped almost three years ago. The trees have grown so big now that the branches have grown right over our garden and nothing will grow beneath them.
His gardener manicures his side beautifully but will no longer cut our side as he says it has become too difficult and high. Every time I speak to my neighbour, with whom we get on well, he promises to get it cut but never follows through.
I offered to get it cut myself but I explained it would be costly. He promptly declined to pay for it. I would appreciate any advice. What are my rights in this situation? The quote to cut the hedge is €400 and it costs a further €250 to take the cuttings away.
If I were to cut the lower branches myself, would I be in trouble if I were to place the cuttings over the fence into his garden (at the base of the hedge) to save myself €250? After all, it's his hedge.
ALeylandii trees, if uncontrolled, are a major cause of boundary related disputes in residential areas. They give rise to more complaints than any other neighbourhood property issue and cause upset and distress to many people who can no longer enjoy their gardens. In the UK Leylandiis are frequently the subject of litigation under the Anti-social Behaviour Act 2003. It is unfortunate that you have an inconsiderate neighbour who will not control the height of his trees.
There is no legislation in Ireland regulating the height of trees or hedges and there is no right to sunlight or natural light to your garden. Your options are therefore limited.
Section 45 of the Land and Conveyancing Law Reform Act 2009 provides a mechanism for property owners to apply to the courts for a Works Order to carry out boundary related remedial work on adjoining property to prevent adverse effects to their property in situations where a neighbour is unco-operative.
Provision is also made concerning incurred costs. You may also have recourse to the courts if you can demonstrate that there has been a significant loss of natural light to your house. You should consider these options and consult your solicitor.
You are entitled to cut all the branches that overhang the legal boundary. You are obliged to offer these back but he may not accept them. Placing them in his garden may escalate matters.
Any action involving the courts is likely to be costly and, even if you are happy with the outcome, your satisfaction is likely to be temporary as the issue will arise again in three or four years when the trees regrow. Such action will cause deterioration in relationships and end hopes of future co-operation.
I suggest you first invite your neighbour into your garden, explain your concerns and the difference the sun would make. Remind him of his promises.
Keep the communication as conciliatory as possible and appeal to his sense of fairness by asking him to suggest a solution.
Patrick Shine is a member of the Society of Chartered Surveyors Ireland.
QUntil recently I had vinyl flooring in my kitchen. I had to remove it, as it was covered in damp. This is not the first time I have had vinyl flooring in my kitchen removed due to damp.
Interestingly, whenever a new vinyl floor is laid, damp accumulates, but the problem is non-existent once the vinyl is removed.
I would appreciate any advice you might have and any potential solutions you could offer. It should be noted as well that the house is quite old.
AMould growth is unsightly and poses a health risk to occupants, through inhalation of spores and airborne contaminants. I assume from your question that the floor in your kitchen is mass concrete. This assumption is made on the basis that it is uncommon to have significant damp problems where there is a well-ventilated suspended timber floor for example.
Modern construction methods prescribe the use of insulation and a damp-proof membrane as part of a mass concrete floor. Insulation prevents the transfer of cold from the ground up through the concrete floor finish and the damp-proof membrane limits the transfer of moisture up through the floor.
You mention that the property is quite old. Therefore, there is a strong likelihood that the original floor does not incorporate any insulation material or a damp-proof membrane. This allows cold bridging (the transfer of cold) and moisture transfer through the floor.
While the vinyl flooring in the kitchen acts as a damp-proof membrane, the environmental conditions in the kitchen (cooking, heat and steam generation) create the perfect conditions for mould to grow.
There are a number of remedies available to reduce this problem. Option one is to remove the existing concrete floor and install a new floor with appropriate insulation and damp proofing measures to prevent cold transfer from the ground below.
The second option is to apply a waterproof finish (tanking) onto the concrete slab which will prevent moisture transfer through the floor. Consideration should also be given to the installation of a tiled floor finish. Andrew Ramsey is chairman of the Society of Chartered Surveyors Ireland building surveying professional group.
QWe recently bought a second hand property and are now beginning work on renovating a number of the rooms. We plan on laying laminated flooring, however we have discovered that the floors are quite cold.
Upon further inspection it emerged that the floor was not insulated despite the fact that the walls and roof are insulated. In your opinion what would be the best type of insulation for our floor, which I believe is made of chipboard?
Any help would be greatly appreciated, particularly given our desire to lay laminated flooring. The advantages and disadvantages as well as any common pitfalls would be a great help as we are watching our budget.
ATypically, houses built before the mid 1980s will not have insulation in the ground floor structure. This is surprising when you consider that there is potential for heat loss of up to 15 per cent through this part of the building.
The floor you describe is a suspended timber floor. This type of floor was in common use in older properties. Although the works can be disruptive, suspended timber floors are very easy to insulate. The works involve the removal of the chipboard and the placement of insulation between the timber floor joists.
The new insulation should sit neatly between the joists and rest on new supporting timber battens. Floor sheeting can then be reinstated and your new laminate flooring placed on top.
You should notice the difference immediately, as the floor should remain at room temperature once insulation is added below. The placement of the laminate flooring should also help to reduce draughts and subsequent air changes in the building and this will reduce heating costs. If you seal around the edges of the floor this will also help.
In my experience as a chartered building surveyor, the most common pitfall with suspended timber floors occurs when underfloor vents are blocked in order to reduce internal draughts.
This can allow a build-up of moisture within the floor structure, which can lead to decay. Elevated moisture content in timber can also leave it prone to insect attack or woodworm, so my advice would be to ensure that ventilation is maintained to the void beneath the floor.
As to the type of insulation to use, this will depend on the depth of your floor joists as the new insulation must be accommodated within this depth. As each situation is different, site specific information should be sought so a cost comparison can be made between the insulation choices available.
Your investment in insulating the floors should lead to reduced heating bills and a return on your investment over a relatively short period.
Noel Larkin is a member of the Society of Chartered Surveyors Ireland.
Send your queries to propertyquestions@irishtimes.com or to Property Clinic, The Irish Times, 24-28 Tara Street, Dublin 2. This column is a readers’ service. Advice given is general and individual advice should always be sought
