Can I cut my neighbour's overhanging branches in Czechia?
Yes, but in order: first the request, then the shears. The Civil Code (§ 1016) gives you the right to remove roots and branches crossing onto your land — provided they cause you harm or nuisance exceeding the interest in keeping the tree intact, and you first asked the neighbour to remove them and they didn't within a reasonable time. Do it carefully and at a suitable time of year (dormant season, outside bird nesting). What you cut off is yours to keep. A statutory bonus: fruit fallen onto your land belongs to you — fruit still hanging belongs to the neighbour. Radically pruning someone's tree without a request and moderation risks damages.
📋 The rules
- First a written request to the neighbour with a reasonable deadline
- Then: remove carefully, at a suitable time of year (dormant season)
- Condition: the overhang causes harm or nuisance beyond the tree's preservation interest
- Cut branches and roots are yours to keep
- Fallen fruit on your land is yours; hanging fruit stays the neighbour's
🔓 Exceptions
- You may not seriously damage or kill the tree — or you pay damages
- Memorial trees and protected greenery: only with the conservation authority's consent
- Don't enter the neighbour's land without permission — cut from your side
⚠️ Penalties & fines
Disproportionate cutting (killing the tree, pruning without a request or out of season): damages to the neighbour; protected trees add conservation fines. Disputes go to court — the request and photo evidence are the key proof.
📎 Official sources
- České stavby · Neighbour's branches over the fence (CS) →
- Právo pro všechny · Neighbours and mature trees (CS) →
- Ombudsman · Neighbour disputes leaflet (CS, PDF) →
❓ Frequently asked
Must I really ask the neighbour first?
Yes — the request (ideally written) is a statutory condition; without it your self-help pruning is contestable.
What is a suitable time of year?
The dormant season (~November–March), outside bird nesting; minor dry-branch trims tolerate summer.
Whose apples hang over my fence?
On the branches, the neighbour's; once they fall on your land, yours.
Roots are wrecking my path. May I cut them?
Yes, same conditions as branches — carefully and after a request; a massive cut that kills the tree risks damages.
The neighbour ignores me and the tree shades my whole garden?
Shade alone doesn't justify felling — pursue a neighbour lawsuit over excessive nuisance (§ 1013) or mediation.
🔎 Common searches
What people search to land here:
- “neighbour branches over fence czech”
- “overhanging tree law czechia”
- “cut neighbours roots czech”
- “fallen fruit ownership czech law”
- “neighbour tree dispute prague”