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Neighbour tree law in Ireland: party structures and works orders

Ireland has no high hedge Act. The Land and Conveyancing Law Reform Act 2009 counts a tree at the boundary as a party structure and lets the District Court make a works order. This page restates sections 43 to 47 and a South Dublin County Council report.

Checked against the sources at the bottom of this page on October 8, 2026. Rules, fees and pay change: the source has the last word.

This page reports what the official source says. It is not legal advice: ask the office named here. It describes the position in the Republic of Ireland as read on October 8, 2026 on the Irish Statute Book and in a South Dublin County Council committee reply dated October 18, 2017. Northern Ireland has its own page.

No law on hedge height or light

The South Dublin County Council reply, written for a councillor's motion about overhanging branches, says there is "no legislation in Ireland regulating the height of trees or hedges" and no right to sunlight or natural light to a garden. It says land managers and owners have a statutory duty of reasonable care under the Occupiers Liability Acts 1995 to keep trees on their land in a safe condition as far as is reasonably practicable. It also says the council could not make a bye-law to move responsibility for branches onto the tree owner, because section 199(2)(b) of the Local Government Act 2001 bars a bye-law on a purpose already covered by another enactment.

Branches and roots across the boundary

The same reply states the common law position. It says a person may cut any branch or root from a neighbour's tree that overhangs or encroaches onto their property back to the boundary line, and that the tree owner's permission is not required provided the work can be done without going onto the owner's property. It adds that care must be taken to avoid damaging property or leaving the tree unsafe, and that adjoining owners are better to discuss and agree what is needed before mediation or civil procedures.

Trees as party structures: sections 43 to 47

Where neighbours cannot agree, the reply points to section 45 of the Land and Conveyancing Law Reform Act 2009. Chapter 3 of the Act, on party structures, begins at section 43. Section 43 defines a party structure as any arch, ceiling, ditch, fence, floor, hedge, partition, shrub, tree, wall or other structure that divides adjoining and separately owned buildings, or is so close to the boundary line between them, or between a building and unbuilt-on land, that it is impossible or not reasonably practical to carry out works to it without access to the adjoining land. The definition includes a structure that stands wholly on one side, and one that straddles the line. The same section says works include cutting, treating or replacing any hedge, tree or shrub, and defines the court as the District Court.

Section 44 sets out when a building owner may carry out works to a party structure. The listed purposes include complying with a statutory provision, preserving the structure, and any other works that will not cause substantial damage or inconvenience to the adjoining owner or, if they may, where it is nevertheless reasonable to carry them out. The owner must make good all damage caused to the adjoining owner or reimburse the reasonable cost, and must pay the reasonable cost of the adjoining owner's professional advice and reasonable compensation for inconvenience. Subsection (3) lets the building owner claim a contribution or deduction that takes account of the adjoining owner's proportionate use or enjoyment of the structure.

Section 45(1) lets a building owner in dispute with an adjoining owner over those rights apply to the court for an order authorising specified works, called a works order. Under section 46 a works order authorises the works on the terms the court thinks fit, may authorise the building owner and agents to enter the adjoining owner's land for any purpose connected with the works, and may require the building owner to indemnify or give security for damage, costs and expenses. Section 46(3) says a works order does not authorise any permanent interference with, or loss of, an easement of light or other easement or right relating to a party structure. Section 47 lets any person affected by a works order apply for it to be discharged or modified.

Protected trees are a separate matter. See the guide on tree protection orders, bylaws and permits, the page on entering a neighbour's land, the Northern Ireland page and the neighbour tree law overview.

Sources