Can I cut the neighbour's overhanging branches?
In principle no: you do not cut the neighbour's branches yourself — you require them to do it. The Luxembourg Civil Code, as amended by the Law of 29 July 1993 (articles 671 to 673), lays down two simple rules. First, distances: you may only keep trees, shrubs and bushes over 2 m tall at least 2 m from the dividing line; too close, and the neighbour can demand uprooting or reduction to 2 m. Second, overhang: if branches reach over your land, you can compel the owner to cut them, and this right is imprescriptible — it is never lost. For roots and brambles that push into your land, you may cut them yourself at the boundary. The fruit on branches overhanging your ground belongs to you. The myth: "the branches overhang, so I'll cut them myself" — unwise: damaging the neighbour's tree can make you liable; the safe route is a written demand.
📋 The rules
- Planting distance: a tree or shrub meant to exceed 2 m in height must be planted at least 2 m from the boundary (Civil Code, art. 671, Law of 29 July 1993).
- Reduction possible: planted too close, the tree may have to be uprooted or cut back to 2 m at the neighbour's request (art. 672).
- Overhanging branches: you can compel the owner to prune what hangs over your land; this right is imprescriptible.
- Roots and brambles: those pushing onto your land you have the right to cut yourself at the dividing line.
- Fruit: the fruit hanging on branches that overhang your ground belongs to you.
🔓 Exceptions
- Ten-year prescription: if the tree has exceeded the permitted height for more than 10 years (for example plantings pre-dating a plot division), reduction can no longer be demanded — far shorter than the 30 years of French law.
- Title or agreement: a written agreement between neighbours or an easement can allow plantings closer or taller than the statutory rule.
- Shared hedge: for a hedge or joint plantings, either neighbour can ask for pruning at any time.
⚠️ Penalties & fines
Taking the law into your own hands often costs more than waiting. Cutting or damaging the branches of the neighbour's tree without consent, or felling it, engages your civil liability: you can be ordered to pay damages, sometimes based on the replacement value of a mature tree, which quickly runs into thousands of euros. Conversely, the neighbour who lets branches overhang and refuses to prune faces a justice-of-the-peace injunction, possibly with a daily penalty for delay, and must bear the pruning costs. Roots that lift your terrace or crack a wall can also ground a neighbour-nuisance claim. Before any lawsuit, a registered-letter demand and then communal mediation remain the fastest and least ruinous way to settle the dispute.
📎 Official sources
- Legilux · Civil Code, art. 671 to 673, and Law of 29 July 1993 →
- Commune of Walferdange · FAQ on plantings and distances (communal example) →
- Justice.lu · justice of the peace and mediation (neighbour disputes) →
❓ Frequently asked
Can I cut the branches that overhang my land myself?
The safe route is to ask the owner in writing to cut them, because this right to demand pruning is imprescriptible. Cutting the neighbour's branches yourself without consent can make you liable if you damage the tree, whereas for roots and brambles you may act yourself at the boundary.
How far from the boundary should I plant a tree?
A tree or shrub meant to exceed 2 m in height must be planted at least 2 m from the dividing line, under article 671 of the Civil Code from the 1993 Law. Below 2 m in height the planting may be closer, subject to any specific communal regulation.
Can the neighbour make me cut a tree planted 20 years ago?
If the tree has exceeded the permitted height for more than 10 years, the ten-year prescription bars a request to uproot or reduce it. Note that this prescription concerns the planting distance, but the right to demand pruning of overhanging branches itself remains imprescriptible.
Who owns the fruit that hangs over my land?
The fruit hanging on branches that overhang your land belongs to you, under the Luxembourg rule. That said, do not shake the tree or climb it, because only the natural overhang above your ground is covered.
What if the neighbour refuses to prune?
Send a written demand first, then try mediation, often offered by the commune. Failing agreement, the justice of the peace can order pruning under a daily penalty, since the right to demand the cut of overhanging branches is never lost.
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