Can I cut overhanging branches?
No, not yourself straight away — under the new Civil Code you must first formally ask your neighbour to prune. Are branches from your neighbour's tree hanging over your garden, or roots growing under your land? Then article 3.134 of the Civil Code (in force since 1 September 2021) applies. You may not cut the overhanging branches yourself. First you send your neighbour a registered notice. If they do nothing within 60 days, you may then remove the branches (and roots) yourself, at their cost — but you carry the risk for any damage you cause. Importantly, this also applies to roots; the old idea that you may cut roots at the boundary straight away no longer holds for plantings from after September 2021. Fruit that falls onto your land by itself is yours; fruit still hanging on the overhanging branch may not be picked. The right to demand removal does not expire. If you can't agree, the justice of the peace decides.
📋 The rules
- Civil Code art. 3.134 (since 1 September 2021): overhanging branches and roots follow the same rule
- You may not cut yourself: first send a registered notice
- If the neighbour does nothing within 60 days, you may remove it yourself at their cost — but at your own risk for damage
- Roots too fall under this rule (no more 'cut them yourself right away') for plantings from after September 2021
- Fruit that falls naturally belongs to the neighbour whose land it lands on; hanging fruit may not be picked
- The right to demand removal does not expire
🔓 Exceptions
- Plantings already there before 1 September 2021: the old Field Code applies (same distances)
- Street trees and public greenery: an exception since 2023 protects plantings of roads and waterways
⚠️ Penalties & fines
This is neighbour law, not a fines matter: no GAS fine or fixed penalty. Pruning without the registered notice, or sawing off a neighbour's branch, risks damages for the harm caused (trees really are valued) and proceedings before the justice of the peace. The judge can order the neighbour to prune, or reject your claim as an abuse of right.
📎 Official sources
- ejustice · Act of 4 February 2020 (Book 3 Property, art. 3.134) →
- Departement Omgeving Flanders · planting distances and overhanging branches →
- Ecopedia (Flemish authority) · planting distances Field Code and Civil Code →
❓ Frequently asked
My neighbour's branches hang over my garden — can I cut them?
Not yourself straight away. Since article 3.134 of the Civil Code you first send a registered letter. If your neighbour doesn't remove the branches within 60 days, you may do it at their cost — but you are liable if you damage the tree.
And the roots growing under my drive?
For plantings from after 1 September 2021, roots follow the same rule as branches: first a notice, then you may act after 60 days. The old 'cut roots straight away' only still applies to older plantings.
Can I pick the fruit hanging over the hedge?
No. Fruit still on the overhanging branch stays your neighbour's. If it falls onto your land by itself, then it is yours.
Can my neighbour say it's too late?
No — for overhanging branches and roots the right to demand removal does not expire. You can act even after years, though the justice of the peace still checks you're not abusing the right.
🔎 Common searches
What people search to land here:
- “overhanging branches neighbour cut”
- “cut neighbour roots allowed”
- “civil code article 3.134”
- “pick fruit overhanging branch”
- “neighbour branches registered letter”