Dáil Éireann Debate, Tuesday - 26 September 2017
187. Deputy Catherine Martin asked the Minister for Justice and Equality his plans to introduce legislation regarding a resident's right to light when light is blocked from neighbouring trees in circumstances in which these trees are on private land; and if he will make a statement on the matter. [40209/17]
View answerThe difficulties experienced by property owners arising from trees and high hedges on neighbouring land were raised in both the Dáil and Seanad during passage of the Land and Conveyancing Law Reform Act 2009. At that time, my Department consulted on the matter with the Law Reform Commission, which had been involved in drafting the 2009 Act, and the Commission took the view that unreasonable interference caused by high trees or hedges was a matter in any particular case for tort law or more generally for planning or environmental law.
In England and Wales, for example, difficulties arising in connection with high trees or hedges are dealt with under Part 8 of the Anti-Social Behaviour Act 2003. This Act makes provision for local authorities to determine complaints by the owners or occupiers of domestic property who are adversely affected by evergreen hedges over 2 metres high. Broadly similar legislation, i.e. the High Hedges Act (Northern Ireland) 2011, came into operation in Northern Ireland on 31 March 2012.
The manner in which problems associated with high hedges and overhanging trees are resolved in both England and Wales and Northern Ireland indicates a clear preference for the resolution of such disputes at local level, preferably by mediation, with recourse to the courts only as a last resort. This is intended to reduce the risk of prolonged and costly litigation, and the risk that court proceedings could leave a legacy of bitterness between adjoining property owners and ill-feeling in the local community.
Under our existing law, a person may be in a position to seek damages or an injunction requiring the cutting of boundary hedges or trees under the tort of nuisance. In order for the nuisance to be actionable, the person concerned would have to show that an easement existed and that there had been a substantial interference with that right.
The Mediation Bill 2017, which will shortly complete its passage through the Oireachtas, does not deal directly with the issue of overhanging trees and high hedges. However, it seeks to promote mediation as a viable, effective and efficient alternative to court proceedings. The enactment of the Bill will contribute to the resolution of disputes by means of mediation, thereby reducing legal costs associated with such disputes and avoiding the stress involved in adversarial court proceedings.
