Legal Advice on Neighbourhood and Green Nuisance

Questioner

Hello. Our neighbors redesigned their garden in 2013 and raised it with 140 m2 of soil, The existing hedge between us was removed and a fence was placed on the property boundary Laurel bushes were planted right next to the fence, they would prune them (they were more than 2 meters high) if they grew well. The bushes are now 3.5 metres high and block the view and light in our house. I asked them if they could prune the shrubs to a height of 2.5 meters before they started growing again. But they don't want to prune them, they think we are always nagging. In short. The existing ditch and hedge are gone, rainwater is drained towards us. View and light are obstructed by tall bushes. Are there any rules/laws against this? The municipality does not interfere

Lawyer

Firstly, rainwater from the neighbours may not be drained to you, they must do this on their own property so that you are not bothered by it. Regulations have been established regarding shrubs. The shrub must be at least 0.5 metres from the property boundary (i.e. between your garden and that of the neighbours). There are a number of exceptions that determine whether the tree may be here or not. 1. When there is a fence and he cannot get above it 2. If the neighbours have been allowed to place this in consultation with you at less than 0.5 metres from the property boundary. If the previous neighbours have given permission for this, this must be recorded in the notarial deed and at the land registry. 3. If there is a prescription. (20 yrs.) then it may also remain at less than 0.5 mtr. from the property boundary. In some cases this is 10 yrs. but then it must be proven that the shrub was placed there with permission. by the aforementioned deed and land registry data.) 4. Then there is a final option. Municipalities also sometimes have certain rules regarding shrubs on a property line between neighbours. In addition, nuisance and sun deprivation can also be a reason to summon your neighbours to prune the bushes. Of course, I cannot judge this from this side.

Questioner

We are concerned about the height of the shrubs, as they block the view and light from our home. The distance from the side wall to the fence is 3.5 meters, and 60% of the windows are in that side wall. We always had a clear view, now nothing anymore,

Lawyer

This answer was given in the answer. It should not come out above the fence. Point no. 1

Questioner

We are concerned about the height of the shrubs, as they block the view and light from our home. The distance from the side wall to the fence is 3.5 meters, and 60% of the windows are in that side wall. We always had a clear view, now nothing anymore,

Lawyer

We also call your inconvenience green nuisance. The judges in the Netherlands are quite on the side of tree and green owners because trees and shrubs contribute to a pleasant living environment. There are not many more than rules of thumb, because every situation is different. When it comes to light incidence, case law determines that a garden does not have to be completely in the shade to lie, but quite a lot of shade is not yet a reason to prune immediately. According to the law, too much green nuisance or nuisance due to too much shade occurs if the green hangs over half of the neighbour's garden and also takes away a lot of light. A tree that taking away sunlight from a garden during the afternoon does not cause any unlawful nuisance. So if pruning can lead to you as a neighbour having 10 to 30% more light in your garden, you have already come a long way. The same applies to a view: there is no general right to a view, but you are also not allowed to deprive someone of all their view.