Can I cut my neighbour's branches that overhang my land?
You may — and you do not need your neighbour's consent. The owner of land may remove branches or roots of a neighbour's tree that reach onto their plot. But there are three conditions: you may cut only the part of the plant that is on your land; the intervention must be proportionate and done so as not to cause unnecessarily large damage; and it should be done considerately and at a suitable time of year. The decent and legally safe course is first to ask your neighbour in writing to remove the branches themselves within a reasonable time. The foundation of neighbour law is § 127 of the Civil Code: an owner must refrain from anything that would disturb another beyond a measure appropriate to the circumstances.
📋 The rules
- Branches and roots on your land you may remove
- You do not need the neighbour's consent
- Only the part on your land; the cut must be proportionate
- Proceed considerately and at a suitable time of year
- The basis: § 127 of the Civil Code
🔓 Exceptions
- First ask the neighbour in writing to remove them within a reasonable time
- A fence may stand on the boundary itself only with the neighbour's consent
- A municipality can address neighbour disputes under § 127 of the Civil Code
⚠️ Penalties & fines
The right is yours, but an excessive or disproportionate cut can land you in trouble: if you damage or kill the tree, your neighbour can claim compensation. So cut only the part on your land, considerately and at a suitable time — and begin with a written request, which doubles as evidence if the matter ever reaches court. Careful with fences: one may stand on the boundary itself only with the neighbour's consent; without it, build on your own land. And remember that § 127 runs both ways — you too must not disturb beyond a measure appropriate to the circumstances.
📎 Official sources
❓ Frequently asked
Can I cut overhanging branches?
Yes. Branches and roots of a neighbour's tree that reach onto your land may be removed, and without their consent. You must, however, respect the conditions of proportionality and care.
What are the conditions?
You may cut only the part of the plant on your own land. The intervention must be proportionate, done so as not to cause unnecessarily large damage, carried out considerately and at a suitable time of year.
Should I ask my neighbour first?
It is sensible. Ask them in writing to remove the branches themselves within a reasonable time. The request also serves as evidence if the matter later reaches court.
Can a fence stand on the boundary?
Only with the neighbour's consent. Without it, the fence must stand on your own land rather than on the shared boundary.
What does § 127 of the Civil Code say?
An owner must refrain from anything that would disturb another beyond a measure appropriate to the circumstances, or seriously endanger the exercise of their rights. It runs in both directions.
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