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Property Rights.

Dáil Éireann Debate, Tuesday - 10 November 2009

Tuesday, 10 November 2009

Questions (316)

James Bannon

Question:

375 Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government the recourse persons (details supplied) in County Westmeath have in relation to a nuisance caused by a neighbour’s tree and the root protruding and falling leaves of same; and if he will make a statement on the matter. [40432/09]

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Written answers

There is no legislation in Ireland that places restrictions on the height of hedges or trees. Planning legislation does not make any particular provision for recognition of a right to light or remedy from any other nuisance which may be caused by trees in an urban residential area. Complaints relating to matters such as trees or shrubs overhanging a property are normally addressed, where necessary, under civil law between the parties concerned.

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