Can I plant trees near the neighbour's boundary?
Yes, but respecting the minimum distances from the boundary. The Civil Code sets the legal distances for planting trees from the boundary with the neighbour's land, save where local rules or customs set different distances. Absent local rules, generally: 3 metres for tall trees (those with a trunk growing in height), 1.5 metres for non-tall trees, and 0.5 metres for vines, hedges and shrubs. The distance is measured from the boundary to the tree's base. If the tree is planted closer, the neighbour can demand its removal or setting back. There are also rules for branches and roots that overhang and for the distances between buildings (generally at least 3 metres between buildings).
📋 The rules
- Legal distances from the boundary (save local rules/customs)
- 3 m tall trees, 1.5 m non-tall
- 0.5 m for vines, hedges and shrubs
- Tree too close: the neighbour can demand its removal
- Own rules for branches, roots and distances between buildings
🔓 Exceptions
- Municipal rules or local customs: can set different distances
- Pre-existing trees or ones planted before certain rules: special situations
- Distances between buildings: generally at least 3 metres between buildings
⚠️ Penalties & fines
If you plant a tree at a closer distance than allowed, the neighbour has a right to demand its removal or setting back, even in court. For branches overhanging the neighbour's land, they can compel the tree's owner to cut them; for roots overhanging, the neighbour can cut them directly. Also fruits that fall naturally on the neighbour's land generally belong to them (save different customs). Disputes between neighbours over distances, trees and boundaries are common: before acting, it's wise to check the local rules, measure the distances, talk to the neighbour and, if needed, use mediation before a lawsuit.
📎 Official sources
- Normattiva · Civil Code (distances for trees, art. 892 ff.) →
- Normattiva · Civil Code (distances in building, art. 873) →
- Municipalities · Building and rural-police rules →
❓ Frequently asked
How far from the boundary can I plant a tree?
Absent local rules or customs, the Civil Code distances apply: generally 3 metres for tall trees, 1.5 metres for non-tall ones and 0.5 metres for vines, hedges and shrubs. The distance is measured from the boundary to the tree's base.
What can I do if the neighbour's tree is too close?
If the tree is planted closer than allowed, you can demand its removal or setting back, even in court. It's best to first check the distances and any local rules, and try to resolve the matter by talking to the neighbour.
The neighbour's branches overhang my garden: what do I do?
For branches overhanging your land, you can compel the tree's owner to cut them. For roots overhanging your land, instead, you can cut them yourself. These are rules the Civil Code provides for coexistence between neighbouring lands.
Whose are the fruits fallen on the neighbour's land?
Generally fruits that fall naturally from the tree onto the neighbour's land belong to them, save different local customs. It's a Civil Code rule. It's different if someone picks fruit from another's tree without permission, which isn't allowed.
Do distances also apply between buildings?
Yes. The Civil Code provides minimum distances between buildings too, generally at least 3 metres between buildings on neighbouring lands, save stricter local rules or different agreements. Distances between buildings ensure air, light and proper coexistence.
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