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Planning Issues

Dáil Éireann Debate, Thursday - 20 September 2012

Thursday, 20 September 2012

Ceisteanna (142)

Brendan Griffin

Ceist:

142. Deputy Brendan Griffin asked the Minister for the Environment; Community and Local Government the rights that householders have in cases in which a neighbour's tree is hanging dangerously over the householder's house or property; if local authorities have the power to intervene; and if he will make a statement on the matter. [39676/12]

Amharc ar fhreagra

Freagraí scríofa

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 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. While I have no proposals to introduce legislation to deal with this issue I have written 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.

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