🌳 Can I cut the branches of my neighbour's tree that hang over my land in Albania?

With conditions

Quick answer

Yes, but only after you ask the neighbour and only if they cause you damage. The Civil Code, article 155, is clear: the owner, having first asked the neighbour to cut the branches and roots that reach onto his land, has the right to cut them himself if they cause damage, and to pick and keep the fruit of the branches over his own property. Likewise, fruit that falls from the tree onto your land is yours. The myth that causes the most quarrels is "anything over my space I cut whenever I want" — no: you must first ask the neighbour, you step in only if the branches harm you, you cut only up to the boundary line, and you cannot enter his land without permission. For trees near the boundary, article 158 sets planting distances of 3 metres for tall trees and 2 metres for others. And beware of urban trees: cutting or pruning may need a municipal permit even when the tree is on your own property.

📋 The rules

Article 155: first ask the neighbour to cut the branches and roots that reach onto your land; only if he does not act and they cause you damage may you cut them yourself.
You cut only up to the boundary line, from your side; you cannot enter the neighbour's land without his consent.
You may pick the fruit of branches that hang over your property; fruit that falls onto your land is yours (article 155).
Article 158: trees near the boundary are kept 3 m (tall) / 2 m (others) away, unless their height does not exceed the dividing wall or local rules apply.
In urban areas, cutting or pruning trees may need a municipal permit (green spaces), even for your own tree.

🔓 Exceptions

When there is immediate danger (a branch about to fall on people or a roof), you act to prevent harm, but document it and notify the neighbour.
Protected or monumental trees enjoy special protection and must not be touched.
When roots damage foundations or pipes, you may seek damages or intervention through the civil route rather than cutting yourself.

⚠️ Penalties & fines

There is no "fine against the neighbour" here — the matter is civil, and the risk is that it turns against you. If you cut more than article 155 allows, enter the neighbour's land without permission, or damage or kill the tree, you answer for non-contractual damage and may have to compensate the value of the tree. Cutting an urban tree without the municipal permit brings a local fine, while touching a protected tree carries heavier consequences. If the neighbour's branches or roots have caused you real damage (roof, wall, pipe), the safe route is a written notice and, if it is not resolved, a civil claim for cutting and damages — not the saw in hand, which often turns the victim into the defendant. The real costs are time, expert reports and a ruined relationship with the neighbour.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

Can I cut the neighbour's branches as soon as they cross over my land?

Not immediately. Article 155 requires you to first ask the neighbour to cut them, and only if he fails to act and the branches cause damage may you cut them yourself up to the boundary line. Cutting without these conditions or harming the tree can turn you into the one held liable.

Who owns the fruit on branches hanging over my side?

You may pick the fruit on branches that reach into your property under article 155, and fruit that falls on its own onto your land is yours. This does not give you the right to enter the neighbour's land to collect fruit that has fallen on his side.

How far from the boundary must a tree be planted?

Under article 158, three metres for tall-trunk trees and two metres for others, where there are no local rules or customs. These distances do not apply to trees and shrubs whose height does not exceed the dividing wall between the properties.

The neighbour's roots are cracking my wall — what do I do?

Notify the neighbour in writing and ask for cutting or compensation, since roots that cause you damage fall under article 155. If it is not resolved, the safe route is a civil claim for the damage, not a one-sided intervention that could harm the tree and leave you liable.

Do I need a permit to cut my own tree in the city?

Often yes. In urban areas cutting or pruning trees is regulated by the municipality and may need a permit even when the tree is on your own property. Check the local green-space rules first, because cutting without a permit brings a fine.

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