What does the neighbourhood law say about views?
It is subsequent laws which regulates disputes about views. The Neighbourhood Act is also called the grannelova.
In order for the Neighbourhood Act to apply, the neighbour's activities must be unreasonable or unnecessarily harmful or inconvenient to you.
What does the neighbourhood law say about trees?
The Neighbourhood Act can be used to remove or prune trees that are on your neighbour's property and obstruct your view.
It can be an unreasonable inconvenience for you if your neighbour's tree steals your view or shades your patio.
If your neighbour's tree is closer than 1/3 of the tree's height, you can demand that it be removed or pruned. This means that you can, for example, ask your neighbour to remove or prune a tree that is nine metres high if it is closer than three metres.
In this case, it is not the distance to the boundary that is decisive, but the distance from the tree to the garden, yard or house. In practice, however, if you live in a residential neighbourhood, it will be the distance to plot boundary which is crucial, because your garden begins on your side of the fence.
Read more about neighbour law and trees here.
What does the neighbourhood law say about hedges?
The rules that apply depend on where the hedge is located. If the hedge is located somewhere on the property, the Neighbourhood Act applies. If the hedge acts as a fence, then it is the law of cheap labour, also called The Neighbourhood Fence Act which regulates neighbourly relations.
The Neighbourhood Act states that a hedge lower than two metres is legal, while the Neighbourhood Fence Act states that neighbours can erect a hedge at their own expense.
For hedges that function as a fence, the starting point is that these are erected on the dividing line between the plots, and that it does not extend further into the neighbour's plot than your own. If the hedge is wider than one metre, the owner's hedge must not extend more than half a metre into the neighbouring property.
Read more about Neighbourhood law and hedge here.
How tall can a hedge be?
If your neighbour's hedge is higher than two metres, it is considered illegal under the Neighbourhood Act if it causes damage or inconvenience. If the hedge is blocking your evening sun, it may be illegal under the Neighbourhood Fence Act.
The Neighbourhood Fence Act says nothing about how high a hedge can be, and this must therefore be assessed specifically in each case, while the Neighbourhood Act states that a hedge that is not a fence is legal as long as it is lower than two metres.
What does the neighbourhood law say about roofs?
The Neighbourhood Act states that it is not permitted to build a roof that causes roof drips or snow to fall onto the neighbouring property and cause damage or inconvenience.
What does the neighbourhood law say about new builds?
The Neighbourhood Act is one of several laws that can regulate issues surrounding new construction, while Planning and Building Act applies to the planning of land use and construction activities.
If your neighbour's actions contravene the rules of the Neighbourhood Act or the Planning and Building Act, you may have a right to demand changes.
New builds are complicated property matters and may require a lawyer's assessment in each individual case.
What does the neighbourhood law say about extensions?
The Neighbourhood Act is one of several laws that can regulate issues relating to extensions, while the Planning and Building Act applies to the planning of land use and construction activities.
If your neighbour's extension contravenes the rules of the Neighbourhood Act or the Planning and Building Act, you may have a right to demand changes.
Extensions are complicated property matters, and may therefore require an assessment by a lawyer in each individual case.
How do I proceed in a neighbour dispute about views?
The easiest way to prevent conflicts with neighbours is to raise the issue with the neighbour in a polite manner. If this does not lead to a solution, it is important that further dialogue takes place in writing. This should clearly state what you are complaining about. If this does not lead to a solution, you should contact a lawyer who specialises in neighbour conflicts.
Can I take matters into my own hands?
Answer. Cutting down or trimming your neighbour's tree, hedge or new building without an agreement or court order is considered to be criminal damage in the same way as vandalism. It can cost you high compensation amounts, legal costs and, in the worst case, imprisonment.
Read also: 100,000 arguments with neighbours
Read also: House caper in Asker sentenced to 120 days in prison
Do I need a lawyer?
It's not easy to find out on your own which regulations apply in matters relating to views. It will also be challenging if the neighbour is difficult to communicate with. It may make sense to contact a lawyer who is an expert in property disputes, such as Jørgen Bugge.
Do I have to pay for a lawyer myself?
In the event of a neighbour dispute, your home insurance or house insurance will normally have a legal expenses insurance. This covers your legal expenses up to NOK 100,000 in the event of a dispute over a view. You will have to cover the deductible for the insurance as well as any legal fees in excess of this amount yourself.
Why should I choose Advokatfirmaet Halvorsen & Co?
For almost 30 years, we have assisted many clients in property disputes. Our lawyers have extensive experience and are experts in view disputes.
We always offer a free conversation about your case. Get in touch with us today.