Can I cut my neighbour's tree branches hanging over my land?
Conditional: you can cut what invades your side, but only after asking the owner and waiting. The basis is arts. 1366 to 1368 of the Civil Code. You can cut the roots and branches that cross into your land — but not on immediate initiative: you must ask the owner (judicially or extrajudicially) and, only if they fail to act within 3 days, can you cut, and only what's over or under your plot. You can't enter the neighbour's land or fell the tree. Fruit (art. 1367) may oblige you to let the owner in to harvest it. Trees on the boundary line (art. 1368) are presumed common. Planting distances come from municipal by-laws. In short: yes, but with notice and only on your side.
📋 The rules
- Planting up to the boundary is allowed (art. 1366)
- Cutting invading roots/branches: only after asking and waiting 3 days
- You cut only what's over your land
- You can't enter the neighbour's plot or fell the tree
- Tree on the boundary line is presumed common (art. 1368)
🔓 Exceptions
- Distances for eucalyptus/acacias and harmful species have own rules
- Fire fuel-management strips impose mandatory clearing
- Municipal by-laws vary from one council to another
⚠️ Penalties & fines
Arts. 1366 to 1368 are civil, not contraordenacional — there's no fine. The remedies are the cut (after notice and 3 days), a removal action and civil compensation for damage. Different is the clearing of fuel-management strips (fire law): not clearing is an offence, with fines for individuals around €280 to €10,000 — but that's forestry law, not the tree articles. Beware the Brazil confusion: Brazil's Civil Code (art. 1.283) lets a neighbour cut invading roots and branches at the boundary at any time and without notice; in Portugal art. 1366 requires asking the owner first and waiting 3 days. Myth: "fruit that falls into my yard is mine, so I can shake the tree" — you can't enter or shake the neighbour's tree. To act: notify the owner and only then cut what invades your land.
📎 Official sources
- Civil Code — arts. 1366 to 1368 →
- PGDL — tree planting and limits →
- DECO — trees and neighbour relations →
❓ Frequently asked
Can I cut my neighbour's tree branches?
You can cut the branches and roots that invade your land, but not immediately on your own initiative. First, you must ask the tree's owner, judicially or extrajudicially, to cut them. Only if they fail to do so within three days can you cut them yourself, and only the part that's over your plot.
Can I enter the neighbour's land to prune the tree?
No. You can't enter the neighbour's land or cut or fell their tree. Your right is limited to cutting, on your side, the branches and roots that invade your plot, and only after the notice and the 3-day period. Felling the tree or entering someone else's land isn't allowed.
Who owns the fruit that falls into my yard?
The fruit belongs to the tree's owner. The law (art. 1367) even provides that the tree's owner may require the neighbour to let them in to pick fruit they can't reach from their side, being liable for any damage caused. You can't appropriate the fruit by shaking the neighbour's tree.
How close can a neighbour plant a tree?
As a rule, planting up to the boundary is allowed, with no general minimum distance in the Civil Code for ordinary garden trees. Distances come mainly from municipal by-laws and special rules for harmful species, like eucalyptus and acacias, near cultivated land, springs or buildings.
Who owns a tree growing on the boundary line?
A tree exactly on the dividing line between two plots is presumed common to both neighbours. Either co-owner can request its removal, but doing so, they must pay the other half the value of the tree or timber. This presumption can, however, be rebutted by evidence to the contrary.
🔎 Common searches
What people search to land here:
- “cut neighbour tree branches”
- “neighbour tree roots land”
- “boundary line tree common”
- “fruit neighbour tree whose”
- “planting distance boundary”
- “civil code 1366 trees”