Simon Harris (Wicklow, Fine Gael)
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Question 166: To ask the Minister for Agriculture, Food and the Marine the remedies available to householders whose properties are infringed upon by overhanging trees; if the provisions of the 1946 Forestry Act which address this situation are still in force; and if he will make a statement on the matter. [25998/12]

Simon Coveney (Cork South Central, Fine Gael)
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While the owner of the land on which a tree stands may apply for a felling licence under the Forestry Act 1946, no provision exists to allow persons to fell trees on another person's land without the permission of the landowner and without a felling licence, as required under the Act. Section 51 of the Forestry Act 1946 states that a person may "..remove or cause or permit to be removed timber from any tree ...for the purpose of preventing grave damage to crops" subject to such removal not being in contravention of the Act. Independent legal advice should be sought as to the options and/or remedies relevant to the specific circumstances.