Erin McGreehan (Louth, Fianna Fail)
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524. To ask the Tánaiste and Minister for Justice and Equality to outline the law in relation to trees that, due to their size and potential danger to life and property and the owners refuse to cut or remove them. [9464/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The management of trees is a matter that cuts across the legislative remit of a number of Departments, for example those dealing with Forestry, Roads, Planning and Development as well as National Parks and Monuments.

The Roads Act 1993 provides that an owner or occupier of land shall take all reasonable steps to ensure that a tree is not a potential hazard to persons using a public road. Section 70 of the Act empowers roads authorities (including Local Authorities) to require a landowner to fell or trim a tree presenting such a hazard.

There are provisions in the Land and Conveyancing Law Reform Act 2009 (2009 Act) concerning trees on boundaries between properties and those affecting adjoining properties. Chapter 3 of Part 8, of the Act sets out provisions relating to what are termed “party structures”. A party structure refers to a structure which divides adjoining and separately owned buildings, or is situated at, on or so close to the boundary line between adjoining and separately owned buildings such that it is impossible or not reasonably practical to carry out works to the structure without access to the adjoining building, or unbuilt-on land. This could include a tree or trees situated entirely in or on one of adjoining properties or that straddles the boundary line between properties.

Section 45 of the 2009 Act provides that a building owner who is in dispute with an adjoining owner with respect to exercising rights to carry out works, including cutting, treating or replacing any hedge, tree or shrub, may apply to the court for an order authorising the carrying out of specified works.