May I cut the branches of my neighbour's tree that reach over to me?
You may not simply cut your neighbour's branches whenever they bother you — first you must call on the neighbour to do it themselves and give a reasonable deadline. Under the Property Code (SPZ), you may remove and keep the branches that reach into the airspace above your property, and the roots that grow into your land, only if they disturb your use and if the neighbour does not remove them after being asked. Only then may you remove them at the neighbour's expense. The rule does not apply where the boundary runs through a forest. Fruit from branches overhanging your parcel becomes yours once it falls onto your land. If the tree stands on the boundary itself, it is common, the fruit is split equally, and you can demand removal at joint expense if the tree interferes with use. The myth that you can simply cut off anything hanging over the line does not hold — cutting on your own without asking first can be grounds for the neighbour's damages claim if you harm the tree.
📋 The rules
- You may remove and keep branches over your parcel and roots in your land only if they disturb your use of the property — mere presence without disturbance is not enough.
- Before acting you must call on the neighbour (ideally in writing) to remove the branches or roots themselves and give a reasonable deadline; only if they fail may you remove them at their expense.
- The rule on removing branches does not apply where the parcel boundary runs through a forest; there, forestry legislation applies.
- Fruit that falls from branches overhanging your parcel becomes your property; fruit from a tree on the boundary itself is split equally between the neighbours.
- A tree standing on the boundary is common property; if it interferes with the use of either property, either neighbour may demand its removal at joint expense.
🔓 Exceptions
- If removing the branches or the tree is prohibited by a special regulation (e.g. protected trees, natural heritage, an avenue), you have a right to compensation instead of cutting.
- In a forest the self-help rule does not apply; interventions in forest trees are governed by forestry law and the Slovenia Forest Service.
- The cut must not be excessive or harm the tree's health more than necessary; disproportionate cutting or poisoning the tree can be grounds for liability in damages.
⚠️ Penalties & fines
Disputes over trees between neighbours are common and quickly become costly. If you remove branches or roots without first asking the neighbour, or you damage the tree in the process, the neighbour can claim damages for the harm to the tree, because self-help cutting is not permitted. If, however, the neighbour fails to remove branches that disturb your use after being asked, you may remove them at their expense and bill them. Disturbance of possession (for instance an intervention across the boundary without any basis) can be pursued through a claim for disturbance of possession, which must be filed quickly, with court and lawyer costs falling on the losing party. Where a tree endangers people or buildings (leaning, dead, dangerous), the owner is liable for the damage it causes and must act; an insurer may refuse to pay where a known, neglected danger was involved. Disputes over boundaries and trees often end in lengthy court proceedings.
📎 Official sources
- PISRS · register of legislation (Property Code, SPZ, neighbour law) →
- PISRS · Property Code (tree on the boundary, removal of branches) →
- sodnapraksa.si · case law of the Supreme Court of Slovenia →
❓ Frequently asked
May I cut the branches hanging over onto my parcel myself?
Not right away — first you must call on the neighbour to remove the branches and give a reasonable deadline. Only if they fail and the branches disturb your use may you remove and keep them at the neighbour's expense, unless the boundary runs through a forest.
Whose is the fruit that falls from branches over the line?
Fruit that falls from branches overhanging your parcel becomes your property. If the tree stands on the boundary itself, it is common and you split the fruit with the neighbour equally, and the same applies to the cost of any removal.
What if I damage the branches or the tree while cutting?
If you damage the tree or cut without first asking the neighbour, they can claim damages, because self-help cutting is not permitted. The intervention must be proportionate and must not harm the tree more than necessary to remove the disturbance.
Can I demand that my neighbour remove a large tree by the boundary?
If the tree stands on the boundary and interferes with the use of your property, you can demand its removal at joint expense. If it stands on the neighbour's side, you can generally only demand removal of the disturbing branches and roots after asking first, not felling of the whole tree.
Who is liable if the neighbour's tree falls on my house?
The tree's owner is liable if it was a neglected or obviously dangerous tree that they had been warned about. It is advisable to notify the neighbour of a dangerous tree in writing and document the event, as an insurer may refuse to pay where a known, unaddressed danger existed.
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