Written answers
Tuesday, 26 June 2012
Department of Environment, Community and Local Government
Property Ownership
9:00 pm
Ciarán Lynch (Cork South Central, Labour)
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Question 404: To ask the Minister for the Environment, Community and Local Government if there are any regulations in place restricting the height or nature of hedges in urban areas with particular regard to the boundaries between residential properties; his plans to bring forward measures regarding same; and if he will make a statement on the matter. [30832/12]
Jan 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 available of nuisance 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.
I do not propose to introduce legislation to deal with this issue but I have written 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.
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