Can I cut my neighbour's tree branches that hang over my plot?
It depends — the right to cut overhanging branches does arise, but not immediately and not at any time. Overhanging branches and intruding roots are governed by Article 4.42 of the Civil Code (not 4.13, as is often wrongly cited — 4.13 is about accessory things). Before removing them you must warn the neighbour and set a deadline to remove them; only if they fail to do so within that time may you cut the branches or roots that are on your plot. A second condition many ignore: you may cut only if the branches or roots actually interfere with using your plot. The popular myth that "anything hanging over my fence is mine and I can chop it at once" is misleading. On the other hand, there is a pleasant rule: fruit hanging on branches that overhang your plot becomes yours.
📋 The rules
- Overhanging branches and roots are governed by CC Art. 4.42 — not 4.13, as is often wrongly cited
- You may cut them only after warning the neighbour and setting a deadline, if they fail to remove them
- The right to cut arises only if the branches or roots interfere with using your plot
- Fruit hanging on branches that overhang your plot becomes your property
- Pruning or felling a protected tree (a large tree) may need a municipal permit
🔓 Exceptions
- A tree on the boundary itself, serving both plots, is joint — it may not be removed without the neighbour's consent (CC 4.46)
- If the branches or roots do not interfere with using your plot, there is no right to cut them at will
- Trees in protected or heritage areas are subject to extra restrictions and permit requirements
⚠️ Penalties & fines
Ignore the procedure and you turn from the wronged party into the offender. If you cut the neighbour's branches or fell a tree without a warning and deadline, or when they did not actually interfere, this may count as damage to another's property — the neighbour can claim the value of the tree or the lost crop. Felling or over-pruning a protected tree without a municipal permit brings administrative liability under the Law on Green Plantations plus compensation for environmental damage. What people miss: liability runs the other way too — if your visibly rotten or dangerous tree falls and damages the neighbour's property, you may have to pay under the general civil-liability rules (CC 6.263), because an owner must ensure their trees pose no threat. So the safest tool for the problem is a letter, not a saw.
📎 Official sources
- e-seimas · Civil Code, Article 4.42 →
- Ministry of Environment · tree and shrub planting distances →
- e-tar · Law on Green Plantations (Želdynų įstatymas) →
❓ Frequently asked
Can I cut overhanging branches straight away?
No, you must first warn the neighbour and give them a deadline to remove the branches themselves. Only if they fail to do so within that time and the branches actually interfere with using your plot may you cut those branches or roots that are on your territory.
Who owns the fruit on overhanging branches?
Under Article 4.42 of the Civil Code, fruit hanging on the neighbour's branches that overhang your plot becomes your property. This may seem surprising, but it is the statutory rule, tied to where the fruit physically hangs or falls.
How far from the boundary can I plant trees?
Under the planting rules approved by the Ministry of Environment, trees taller than 3 m must be planted at least 3 m from the boundary, and 5 m on the north side. Lower plants and hedges have smaller distances, and with the neighbour's written consent you may plant closer.
Who is liable if the neighbour's tree falls on my property?
The tree's owner can be liable for damage if they neglected a visibly rotten or dangerous tree that then fell and damaged property. Liability is assessed under the general civil-liability rules, so it matters whether the owner could have foreseen and removed the threat.
Do I need a permit to prune the neighbour's tree?
You cannot decide on your own about pruning the neighbour's tree — you may only prune the branches overhanging your side, following the proper procedure. Moreover, if the tree is a protected plantation, even its owner may need a municipal permit to fell or heavily prune it.
🔎 Common searches
What people search to land here:
- “neighbour tree branches over my property”
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- “tree planting distance from boundary”
- “civil code article 4.42”
- “neighbour tree fell on my property”