🌳 Can I cut the neighbour's tree branches that reach my yard?

With conditions

Quick answer

It depends what you do: you can cut the branches and roots that reach your land and keep fruit that falls naturally. Under article 613 of the Civil Code, the owner of the land over which the neighbour's tree branches or roots extend has the right to cut them, and the right to keep the fruit that falls naturally onto their land. The basic rule: trees are planted at a minimum distance of 2 metres from the boundary line (exception: trees under 2 m, shrubs, hedges, or local customs). If the neighbour didn't observe the distance, you can request removal or cutting to the appropriate height, at their expense. The procedure: you notify them and give a deadline (usually 15 days) to cut or remove; if they don't act, you can go to court, which can order the cutting. In short: branches and roots reaching your land — you cut them; fallen fruit — it's yours; for the rest, follow the legal procedure.

📋 The rules

You cut the branches/roots reaching your land
You keep the fruit that falls naturally in your yard
Trees: minimum distance of 2 metres from the boundary
A neighbour who doesn't observe the distance: removal/cutting at their expense
Notification + 15 days, then court

🔓 Exceptions

Trees under 2 m, shrubs, hedges: smaller distances allowed
Local customs/rules: can set different distances
Fruit still on the tree: stays the neighbour's (only fallen fruit is yours)

⚠️ Penalties & fines

Here we're not talking about "fines" but rights and procedures between neighbours. You can cut yourself the branches and roots that enter your land and keep the fallen fruit that drops naturally — without needing the neighbour's consent. But you can't enter their property to cut the tree at the root; for trees planted closer than 2 metres to the boundary without right, the path is: a notification with a 15-day deadline, then a court action, which can order removal/cutting at the neighbour's expense, possibly with forced execution. To avoid conflicts: first talk amicably with the neighbour, send a written notification if needed, cut only what actually reaches your land and keep evidence (photos). Note: fruit still on the tree stays the neighbour's — only the fruit that falls naturally to your land becomes yours.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

Can I cut the neighbour's branches that reach my yard?

Yes. Under art. 613 of the Civil Code, the owner of the land over which the neighbour's tree branches or roots extend has the right to cut them. You can cut yourself the branches and roots that actually enter your land, without needing the neighbour's consent for this part.

Whose are the fruits that fall from the neighbour's tree?

Fruit that falls naturally onto your land belongs to you — you have the right to keep it, under the Civil Code. By contrast, fruit not yet picked, still on the tree, stays the neighbour's. The distinction is clear: only what falls naturally into your yard becomes yours, not what's still on the branches.

How far from the fence are trees planted?

The basic rule provides a minimum distance of 2 metres from the boundary line for trees. The exception is trees under 2 metres, shrubs and hedges, which can be planted closer, or situations where customs or local rules provide otherwise. For tall trees, the 2-metre distance is the standard.

What if the neighbour doesn't observe the distance?

You can notify them, giving a deadline, usually 15 days, to cut or remove the trees planted too close. If they don't act within this period, you can go to court, which can order removal or cutting to the appropriate height, at the neighbour's expense, possibly with forced execution.

Can I enter the neighbour's land to cut the tree?

No. Your right is limited to cutting the branches and roots that reach your land. To get a tree planted too close to the boundary without right cut or removed, you must follow the legal procedure: notification with a deadline, then court. You can't act yourself on the neighbour's property.

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