Can I cut the neighbour's tree branches?
Branches, not yourself; roots, yes. The Civil Code governs trees between properties. If the neighbour's tree branches extend over your property, you have the right to demand the owner cut them (article 592), but not to cut them yourself. By contrast, if it's the roots invading your land, you can cut them yourself, within your property. On planting: unless a by-law or local custom says otherwise, tall trees must be planted 2 metres from the boundary and shrubs 50 cm (article 591). If the distances aren't respected, you can ask for them to be removed. Also check the municipal by-law.
📋 The rules
- Branches invading your land: you can demand the owner cut them
- Roots invading your land: you can cut them yourself
- Tall trees: 2 m from the boundary (unless by-law/custom)
- Shrubs: 50 cm from the boundary
- Distances not respected: right to ask for removal
🔓 Exceptions
- Municipal by-laws and local customs can set other distances
- Trees planted for many years: the action may be time-barred
- Fruit that falls naturally on your land is yours, per local custom
⚠️ Penalties & fines
Cutting the neighbour's branches yourself, without permission, can engage your liability for damage caused to the tree. Conversely, if the neighbour refuses to cut branches invading your land despite your request, you can claim and, where needed, go to court. A poorly kept tree causing damage (to a fence, a roof) engages its owner's liability. Best to settle it amicably before any dispute.
📎 Official sources
- BOE · Civil Code (distances and intermediate works, art. 591-592) →
- Administración · Neighbour relations →
- General Council of Notaries · Easements and neighbourhood →
❓ Frequently asked
Can I cut the neighbour's branches that enter my land?
Not yourself. Per the Civil Code, you can demand the tree's owner cut the branches extending over your property, but not cut them on your own. If you cut them without permission, you can be liable for damage to the tree.
And the roots invading my land?
There you can act. The neighbour's tree roots entering your land you can cut yourself, within your property's limits. The rule differs from that for branches.
How far are trees planted?
Unless a by-law or local custom says otherwise, tall trees must be planted 2 metres from the boundary and shrubs 50 cm. If the distance isn't respected, you can ask for removal, though the action may be time-barred over time.
What if the neighbour won't cut the branches?
Ask them in writing to cut the branches invading your land. If they refuse, you can claim and, ultimately, go to court or mediation. Don't cut the branches yourself without permission.
Whose is the fallen fruit?
Per local custom, fruit that falls naturally on your land is yours. But you can't take fruit still on the neighbour's tree, even if the branches overhang your land.
🔎 Common searches
What people search to land here:
- “cut neighbour tree branches”
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- “civil code branches 592”
- “fruit falls my garden”