Dáil Éireann Debate, Tuesday - 14 October 2014
296. Deputy Joe Carey asked the Minister for the Environment, Community and Local Government if he will provide an update on communications between his Department and the Department of Justice and Equality in relation to the issue of right to light as it pertains to overhanging trees; his plans to update legislation or other forms of civil remedy with regards to this issue; and if he will make a statement on the matter. [38850/14]
Amharc ar fhreagraThere is currently a civil remedy available concerning branches or roots of neighbouring trees encroaching on a person’s property.
The previous Minister of State for Housing and Planning wrote to the Minister for Justice in June 2012 to explore the possibility of providing a broader civil law remedy for affected parties in situations such as that outlined. In this regard, advice was sought on the possibility of legislative provision being made whereby a person substantially deprived of the enjoyment of their property due to the deprivation of light caused by high trees on a neighbouring property could apply to the Courts for an order, and that the Courts could make an order as they see fit, e.g. to cut the trees back to an appropriate height. The Minister for Justice responded in July 2012 suggesting that disputes of this nature between neighbours could perhaps be more appropriately dealt with through mediation rather than through the Courts. I understand that the Department of Justice proposes to publish a Mediation Bill during 2015.
