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Hedge and Tree Height Restrictions

Dáil Éireann Debate, Thursday - 4 July 2013

Thursday, 4 July 2013

Questions (168)

Dominic Hannigan

Question:

168. Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government if there are plans to introduce height restrictions on hedges and trees in private dwellings; and if he will make a statement on the matter. [32609/13]

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Written answers

There 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 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. I am currently considering his reply.

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