Am I allowed to cut overhanging branches from my neighbour's tree?
With a deadline and in moderation, yes. If the neighbour's branches reach over your boundary and objectively affect you (shade, leaves, root heave), you may cut them yourself under §910 of the civil code — but only after setting the neighbour a reasonable deadline (usually 2–4 weeks). The Federal Court allows this even if the tree is harmed. Roots growing over may be removed immediately. Fallen fruit belongs to whoever's land it falls on (§911). Note: closed season 1 March–30 September.
📋 The rules
- Overhanging branches: self-help under §910 — but only after a deadline
- Requires an objective impairment (shade, leaves, root pressure)
- The Federal Court allows the cut even if the tree is damaged or dies
- Roots growing over may be removed immediately, without a deadline
- Fallen fruit belongs to the land it falls on (§911)
- Mind the closed season (1 Mar–30 Sep) and any local tree-protection bylaw
🔓 Exceptions
- No self-help without an objective impairment — mere annoyance isn't enough
- Protected trees (tree-protection bylaw): a permit is needed
- In the breeding season, only a gentle cut, no radical cut
⚠️ Penalties & fines
If you cut without a deadline or beyond the boundary into the tree, you become liable for damages (tree value, restoration). Breaching the closed season or a tree-protection bylaw can mean fines up to €50,000 (more in severe cases). In many states a conciliation procedure is mandatory before a lawsuit.
📎 Official sources
- § 910 civil code · overhang →
- § 911 civil code · fallen fruit →
- Haufe · Federal Court: neighbour may cut overhanging branches →
❓ Frequently asked
Can I just cut overhanging branches?
Only after setting the neighbour a reasonable deadline (usually 2–4 weeks) and if the branches objectively affect you. Then you may cut them at the boundary yourself — even if the tree suffers.
Can I remove the neighbour's roots?
Yes, roots growing over may be cut immediately and without a deadline. Unlike branches, no prior request is needed — but take care if the tree's stability is endangered.
Who owns the fallen fruit?
Under §911, fruit that falls onto a neighbouring plot belongs to that plot's owner. You may keep it — but actively picking fruit from the overhanging branch is not allowed.
What if I cut too much?
Cutting without a deadline or beyond the boundary can make you liable for damages — up to the value of the tree. Stay at the boundary and always set a deadline first.
Can I cut in summer?
Only gently. From 1 March to 30 September the closed season applies: radical cuts and felling are off-limits. A light shaping cut of overhanging branches is possible as long as no nest is affected.
🔎 Common searches
What people search to land here:
- “cut overhanging branches neighbour”
- “fallen fruit neighbour who owns”
- “remove neighbour tree roots”
- “§910 overhang deadline”
- “branch over boundary right”
- “neighbour tree shade leaves”