Dáil Éireann Debate, Tuesday - 21 October 2014
589. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government the civil remedies available to individuals whose property is negatively impacted by the size of trees on neighbouring properties; and if he will make a statement on the matter. [40431/14]
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 this regard, advice was sought on the possibility of legislative provision being made whereby a person substantially deprived of the enjoyment of their property, such as 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.
