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Proposed Legislation

Dáil Éireann Debate, Wednesday - 6 June 2012

Wednesday, 6 June 2012

Questions (516)

Thomas P. Broughan

Question:

520 Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will consider introducing further legislation or amendments to anti-social behaviour legislation to resolve neighbours and local disputes on high hedges and high trees, especially evergreens with a role for local authorities to invigilate and resolve such disputes including a maximum height order where necessary; and if he will make a statement on the matter. [26357/12]

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Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan): There is no legislation in Ireland regulating the height of trees and hedges. I also understand that there is no right in Irish law to receive light in a garden, and that while there is a civil remedy available in nuisance in respect of the branches or roots of a neighbour’s trees encroaching on one’s property, there is no civil law remedy in respect of the loss of light in a garden due to a neighbour’s high trees or hedges.
I do not propose to introduce legislation to deal with this issue but I intend to write to my colleague the Minister for Justice and Law Reform, suggesting that we might give consideration to potential alternative options towards the introduction of a civil remedy in this matter.
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