Let our experts answer your questions
Neighbour's tree height blocks our light
Q Our neighbour’s trees have blocked the light on one side of our house for many years and are now at a dangerous height. We are one bad storm away from potential large-scale damage.
When we have spoken to them about it in the past, they have always adopted the same approach, which is that if it bothers us we can feel free to cut it down.
We have had them trimmed at our expense on many occasions but cannot afford to have the largest and potentially most dangerous cut down. Where do we stand on this?
A In built-up urban areas, trees growing at excessive heights can cause a huge amount of grievance and worry to property owners. Not only can they block light from neighbouring properties but also, if not maintained correctly or inspected on a regular basis, can be a danger to public safety as there is a risk of the tree collapsing.
In Ireland, there is no legislation governing the height of trees. Recently there has been talk that the Minister for Justice is considering legislation that will entitle homeowners to adequate light.
If this goes ahead it could result in neighbours whose trees are blocking light having to take remedial action by pruning or felling them.
Tree safety is critical and your neighbours do have a legal duty of care to ensure that their trees are not a danger to public safety.
In the event that their trees did fall and cause damage to your property, your neighbours, if proven negligent, would then be liable for damages.
The best approach is to speak pragmatically about safety concerns to your neighbours and request that the trees are inspected by an arboriculturist, who is qualified to inspect and report on trees and their safety. They can also advise on any remedial work that needs to be done.
Bear in mind that this request could cause your relationship with your neighbours to deteriorate and they may not agree to the inspection.
In this situation the onus will be on you to commission the inspection and pay for it.
There is also a danger that your neighbours will not give the arboriculturist permission to enter their property to inspect the tree. Additionally, your neighbours may not be as accommodating in the future, in allowing you to cut back their trees, as they have been so far.
Niamh O’Reilly is a member of the Geomatics Professional Group of the Society of Chartered Surveyors Ireland.
Should I mow lawn in rented house?
Q We live in a rented house and the landlord left a lawnmower in the shed. Does that mean I have to cut the grass? Surely maintenance is up to him? I lived in an apartment before and all of the gardening was taken care of by the management company.
A Your first port of call should be to check the tenancy agreement that you would have signed with your landlord when you moved in. The tenancy agreement contains all of the information relating to the tenancy and sets out the rights and responsibilities of all parties to the lease.
In my experience, in the case of house rentals, it is usual that the tenant would be responsible for cutting the grass. The fact that the landlord has provided a lawnmower would also suggest this.
Your mention that you previously rented an apartment and the outside areas were taken care of by the management company. This is because in apartment developments, the areas outside the apartments are common areas under the control of the management company.
It is different in the case of a house where a back garden is the property of the owner.
It is good practice for tenants and landlords to agree all such matters before finalising a lease agreement so that it is clear who is responsible for what.
I can only assume that in your case this was not discussed and hence the reason for your query and so I would suggest that you speak with your landlord now and take it from there.
On the matter of maintenance, a landlord is responsible for ensuring that the house is habitable and meets health and safety regulations and fire safety rules and that it has proper services.
He or she is responsible for upkeep and maintenance, as long as any problems that arise are not the fault of the tenant.
Fergal Hopkins is a member of the Society of Chartered Surveyors Ireland.
Shall I buy now to get mortgage interest relief?
Q What benefits would the extension of the mortgage interest relief, announced in the last budget, mean to me? Is it worth buying a home now to avail of the extra relief?
A Mortgage interest relief measures introduced in last year’s budget are due to run out at the end of 2012. If you buy before the end of the year you are likely to be able to avail of relief depending on your circumstances. You don’t mention whether you are a first-time buyer or not.
First-time buyers can claim 25 per cent relief on a maximum of €10,000 interest in 2012 for single people and €20,000 for married couples. For non-first-time buyers, the relief will be set at 15 per cent of a maximum of €3,000 interest for singles and €6,000 for married couples.
The maximum allowances decline until mortgage interest relief is phased out at the end of 2017. All of this simply means that there are clear advantages, from a mortgage interest relief point of view, to buying a home in 2012.
A single first-time-buyer can claim a maximum relief of €13,750, and a married couple can claim up to €27,500 in mortgage interest by the end of 2017. The government has been consistent in stating that this scheme will not be extended in the next budget and, as things stand, mortgages taken out from 2013 will not qualify.
In relation to your question about whether to buy now to avail of the extra relief, that is really up to you and depends on your personal circumstances. Are you actively looking to buy and have you found some properties that meet your requirements?
My view is that the tax relief incentives are very generous and worth availing of but it very much depends on whether you have found the right home for you, and at the right price. Buying a property is a long-term decision and should not be entered into lightly or solely for tax reasons. If you have identified a home that you like, and which meets your needs, then it may make sense to avail of the relief. If you have not found a home that you feel will meet your long-term needs then it may not make sense to do so, or to rush a decision, purely for tax reasons.
It might be wise to seek advice from an accountant or tax adviser.
Ed Carey is chair of the Residential Property Professional Group of the Society of Chartered Surveyors Ireland.
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Send your queries to property questions@irishtimes.comor to Property Questions, 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
