Written answers

Thursday, 4 July 2013

Department of Environment, Community and Local Government

Hedge and Tree Height Restrictions

Photo of Dominic HanniganDominic Hannigan (Meath East, Labour)
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168. To ask the Minister for 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]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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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.

Comments

Paul Mc Donagh.
Posted on 26 Dec 2016 11:53 am (Report this comment)

A large hawthorn tree at the rear boundary knocked down our garden wall with its roots and was deemed unstable.
We paid to have the tree height reduced and roots trimmed .
Neighbor at back went mad and said we were infringing on his privacy.
This tree was higher than the house and blocking light.
The Neighbor has now retaliated by planting a laurel tree and a white pine tree on his side of the boundary .
These are the biggest highest trees you can buy.

What rights do I have to protect from his roots and sun loss .
Thanks Paul.

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