Dáil Éireann Debate, Wednesday - 16 January 2013
656. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Community and Local Government the legislative plans he has to address the issue of very high or overhanging trees and hedgerows on neighbouring properties; the way he intends to provide in law for the avoidance of the often inter-neighbour disputes that can and do arise when these situations present; and if he will make a statement on the matter. [1145/13]
View answerThere is no legislation in Ireland regulating the height of trees and hedges. My Department understands that there is no right in Irish law to receive light in a garden and that, while there is a civil remedy of nuisance available in respect of the branches or roots of a neighbour's tree 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. While I have no plans to introduce legislation on this matter I wrote last year to my colleague the Minister for Justice and Equality suggesting that we might give consideration to potential alternative options towards the introduction of a civil remedy in this matter. I am currently considering his reply.
