How close to my neighbour's property can I plant trees?
It depends on the plant and the canton. The Civil Code protects the neighbour from excessive effects (Art. 679/684) and gives you the right to cut (Kapprecht) (Art. 687): overhanging branches or intruding roots that damage your property may be cut and kept — but only after you've complained and set a reasonable deadline. The boundary distances for planting are set by the cantons. Canton of Zürich example (illustrative): small ornamental trees and shrubs ≥60 cm, tall fruit trees ≥4 m, other tall and forest trees ≥8 m, hedges at least half their height, never under 60 cm. The removal claim lapses 5 years after planting. In short: yes, but with cantonal minimum distances.
📋 The rules
- ZGB: protection from excessive effects (684)
- Right to cut damaging branches/roots (687)
- Boundary distances: cantonal (Zürich example)
- Zürich: shrubs 60 cm, fruit trees 4 m, tall trees 8 m
- Removal claim lapses 5 years after planting
🔓 Exceptions
- You may keep overhanging fruit (Anriesrecht)
- Hedges under 60 cm and the trim duty never lapse
- Neighbours can agree otherwise by an easement
⚠️ Penalties & fines
This isn't about fines, but civil-law claims: if a tree stands too close to the boundary, the neighbour can demand removal within 5 years of planting; after that the claim lapses. For excessive effects (heavy shade, damage), even a long-standing tree is actionable (Art. 679/684). Beware a myth: "I can simply saw off overhanging branches" is only true under conditions — they must cause damage, and you must first complain and set a deadline. Tip: talk to the neighbour first, record the complaint and deadline in writing, and check the cantonal boundary distances.
📎 Official sources
- Fedlex · ZGB Art. 679/684/687/688 →
- Canton of Zürich · introductory law to the ZGB →
- ch.ch · neighbour law →
❓ Frequently asked
How close to the boundary can I plant?
The cantons set this. In the canton of Zürich, for example, at least 60 centimetres apply for small ornamental trees and shrubs, 4 metres for tall fruit trees and 8 metres for other tall trees and forest trees. Hedges must keep a distance of at least half their height, never under 60 centimetres.
Can I cut off overhanging branches?
Only under conditions. Under the right to cut, you may cut and keep overhanging branches or intruding roots if they damage your property, you've complained to the neighbour and set a reasonable deadline that has passed unused. Cutting is only allowed up to the boundary line.
What about excessive shade?
Even a tree that keeps the boundary distance can be actionable if it causes excessive effects, such as heavy shade or damage. The Civil Code prohibits excessive effects on the neighbouring property. In such cases the neighbour can demand measures or removal of the tree concerned.
When does the removal claim lapse?
The claim to remove a tree planted too close lapses, in the canton of Zürich, five years after planting. After that the neighbour can no longer demand removal on the grounds of distance alone. For hedges under 60 centimetres and the trim duty, by contrast, the claim never lapses.
Do the same distances apply everywhere?
No. Boundary distances are regulated cantonally and differ. The Zürich example is illustrative. The right to cut and the protection from excessive effects come from federal law and apply everywhere, but the specific distances are set by your canton. So check the local rules where you live.
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