Can I cut the branches of my neighbour's tree that hang over my yard?
Conditional — you may remove branches and roots in your own space, but only up to the edge of your plot. Under the neighbour-law rules of the Property Act, a landowner may cut and keep the branches of a neighbour's tree that hang in the airspace above their plot, as well as roots that enter their soil. The tree itself still belongs to the owner on whose land the trunk grew, and a tree grown from the boundary itself is shared property of the neighbours. Here a favourite myth falls: „my apples are mine wherever they fall". Not so — fruit that falls by itself onto the neighbour's land belongs to the neighbour (unless that land is public), and whoever tolerates the overhanging branches also has a right to the fruit on them. Before cutting, still warn the neighbour and give them a reasonable time, because needless cutting beyond the line can make you liable for damage to the tree.
📋 The rules
- Branches and roots in your space: you may cut the branches and parts of the trunk hanging above your plot and pull out the roots penetrating your soil, and keep them for yourself (neighbour law, Property Act).
- Only up to the boundary: you may cut only the part that is in your space — stepping onto the neighbour's plot and cutting the trunk or branches above their land is not allowed and can be damage.
- Whose tree it is: the tree belongs to the owner of the land from which the trunk grew, regardless of where the branches and roots spread; a tree grown from the boundary itself is shared, and neither neighbour may remove it alone.
- The fallen-fruit rule: fruit that falls by itself onto your land becomes yours (except on public ground), while whoever tolerates the overhanging branches also has a right to the fruit growing on them — picking fruit from a branch above the neighbour is still a matter of agreement.
- A warning first: case law requires that before cutting on your own you call on the neighbour to remove the branches and give them a reasonable time; if they do not, you may remove the branches in your own space yourself.
🔓 Exceptions
- Protected and valuable trees: for trees under nature protection or in protected zones, cutting or felling may require permission — removing such a tree on your own carries separate liability.
- Damage from the tree: if the roots or branches of the neighbour's tree damage your building, fence or utilities, alongside the right to cut you also have a right to compensation if the owner failed to take due care.
- Fruit on public ground: fruit that falls onto public land does not automatically belong to you as a neighbour — the fallen-fruit rule applies to private plots.
⚠️ Penalties & fines
Proper cutting of branches in your own space carries no fine. Trouble starts with overreach: if you step onto the neighbour's plot, cut more than allowed or fell the whole tree, the neighbour can claim compensation for the damaged or destroyed tree, and the value of a mature tree can be many times higher than the price of a sapling. Removing a shared tree on the boundary without the other side's consent also opens liability for damages. If the tree is under nature protection, felling it on your own can also be an offence under nature-protection rules. The hidden trap is proof: without a prior written warning to the neighbour and photographs of the state, it is hard to prove who cut what and how much, so a dispute easily ends up in court and costs more than any agreement. The safest course is to announce a boundary cut in writing and cut only up to your side of the line.
📎 Official sources
- zakon.hr — Property Act (neighbour rights) →
- Narodne novine — Property Act (consolidated text) →
- IUS-INFO — right to the fruit of a tree and neighbour rights (legal analysis) →
❓ Frequently asked
May I cut the branches hanging into my yard myself?
Yes, you may cut and keep the branches of a neighbour's tree that hang over your plot, but only up to the edge of your land. Before that it is advisable to call on the neighbour to remove them and give a reasonable time, because excessive cutting beyond the line can make you liable for damage.
Whose is the fruit that falls from a branch into my yard?
Fruit that falls by itself onto your land is yours, unless it is public ground. That does not apply to fruit you pick yourself from a branch above the neighbour, because the tree and the fruit on it still belong to the tree's owner.
Whose is a tree growing on the boundary itself?
A tree grown from the boundary itself is the shared property of the neighbours on both sides. Neither neighbour may fell or remove it on their own without the other's consent, or they are liable for the resulting damage.
Can I force a neighbour to fell their tree?
As a rule you cannot demand felling of the whole tree just because it casts shade or drops leaves; your right is to remove the branches and roots in your own space. You can claim damages if the branches or roots harm your building and the owner did not act with due care.
Must I warn the neighbour before cutting?
Case law expects you to call on the neighbour to remove the branches and leave a reasonable time before cutting on your own. If they do not act, you may remove the branches in your own airspace yourself and keep them.
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