Householders are responsible for cutting back hedges outside their boundaries
Overgrown hedges and other vegetation that overhang a public footway can cause problems for visually impaired persons, walkers and runners. Large branches overhanging roads can cause a danger to motorists, especially to drivers of high-sided vehicles such as lorries or buses.
Section 70(2) (a) of the Roads Act 1993 provides that, “the owner or occupier of land shall take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on the land is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road”. Thus, there is legal duty on landowners or occupiers of land to ensure hedges and trees on their property are well maintained such that they are not encroaching beyond their boundary line.
Overgrown hedges and trees encroaching onto a public footway from private land can force people, particularly wheelchair users and parents with prams, into the road, putting their safety at risk. Landowners and occupiers are required to fell, cut, trim back, or remove such hedges and trees to prevent them from becoming a hazard to persons or property on the road. Adequate traffic management should be provided when cutting back such vegetation and Council should be notified before works commence.
Hedge cutting should only take place outside the critical nesting period of 1st March to 31st August. The only exception is if there are road safety implications. The Roads Act states that liability for damage or injury resulting from such hazards will rest with the landowner/occupier, and Notices may be served on those who do not comply with their statutory obligations.
When we are made aware of overgrown hedges, we will write to the landowner asking them to cut it back. Details of overhanging vegetation or hedges should be emailed to info@dlrcoco.ie