Can I cut back my neighbour's overhanging branches?
Only on three cumulative conditions — and "whatever hangs over my fence is mine" is not one of them. Under Art. 84(1) SR you may cut off and keep overhanging branches and encroaching roots only once they damage your property, you have complained to the neighbour, and he has failed to remove them within a reasonable period. Mere annoyance, falling leaves or shade are not enough. The second, distinctly Liechtenstein misconception: "Planting distances are a cantonal matter here, like in Switzerland." No — Art. 85 SR sets binding national distances: 6 m for tall trees and walnut trees, 4 m for other fruit trees, 50 cm for shrubs.
📋 The rules
- The right to cut (Art. 84(1) SR): "Overhanging branches and encroaching roots may be cut off and kept by the neighbour if they damage his property and are not removed within a reasonable period following his complaint." All three conditions must be met together.
- The right to the fruit (Art. 84(2) SR): where a landowner tolerates branches overhanging built-up or developed land, he acquires a right to the fruit growing on them. Leave the branches be, and you may harvest.
- Planting distances — codified nationally (Art. 85(1) SR): tall trees (other than fruit trees) and walnut trees: 6 metres; other fruit trees: 4 metres; dwarf and espalier trees and shrubs: 50 centimetres; vines: 30 centimetres. Where the neighbouring plot adjoins a vineyard, tall trees must keep 8 metres.
- Five-year forfeiture (Art. 85(2) SR): "The right to object to trees planted too close lapses after five years, counted from the planting." After that the tree can no longer be attacked on distance grounds.
- Boundary trees (Art. 84(4) SR): "Trees on the boundary are, in case of doubt, to be regarded as the joint property of both landowners." Saw into one and you are sawing into your own property too.
🔓 Exceptions
- Forest and public land (Art. 84(3) SR): the right to cut does not apply between adjoining forest plots, and not where branches overhang land "in common public use".
- No distances against woodland (Art. 85(3) SR): the metre figures in Art. 85(1) do not apply where the neighbouring plot is forest.
- The five-year trap — two claims, two clocks: if the tree has stood too close to the boundary for more than five years, you can no longer demand its removal on distance grounds. But the right to cut under Art. 84 survives, and revives the moment the tree actually damages your property — the two claims run independently.
⚠️ Penalties & fines
Cutting without the right to do so is an interference with property: you owe damages equal to the value of the tree — and if the tree dies as a result of an improper cut, you are liable for the replacement cost of a mature tree. Not obvious: with a boundary tree you are damaging joint property — including your own share; and if you step onto the neighbour's land to do the cutting, you additionally risk an action for interference with possession. Sachbeschädigung (criminal damage) under the Liechtenstein StGB may also come into play — we deliberately do not cite a paragraph number here: it could not be verified for Liechtenstein.
📎 Official sources
- LILEX — Property Act (Sachenrecht, LR 214.0), Arts. 84 and 85 (register home page) →
- Municipality of Schaan — bylaw Art. 37, plants must not obstruct sightlines or road signs (municipal home page) →
- Princely Courts / Landgericht — competent for neighbour-law claims (home page) →
❓ Frequently asked
Can I cut anything that hangs over my fence?
No. Art. 84 SR permits self-help only once the branches damage your property, you have complained, and the neighbour has failed to act within a reasonable period. Reaching for the saw without complaining first is unlawful.
Do leaves and shade count as a reason?
No, the statute requires damage to your property. Mere annoyance, falling leaves or shade do not satisfy the wording of Art. 84(1), however irritating they are in practice.
Who owns the cut branches and the fruit on them?
If you cut lawfully, you may keep what you have cut off. And anyone who tolerates branches overhanging developed land even acquires a right to the fruit growing on them under Art. 84(2).
How far from the boundary must a tree stand?
Art. 85(1) SR gives national figures: 6 m for tall and walnut trees, 4 m for other fruit trees, 50 cm for shrubs and 30 cm for vines. Next to a vineyard, tall trees must keep 8 metres.
The tree has been too close for ten years — can I still act?
You can no longer demand removal on distance grounds, because the right to object lapses after five years. The right to cut under Art. 84 remains available to you once the tree actually damages your property.
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