Can a neighbor's tree branch that hangs over the fence be cut down? Who does it belong to?

  • Dec 10, 2020
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I really envy the people who managed to build good and even friendly relations with their neighbors. As a rule, neighbor wars are something scary. People are so angry with each other that they remain sworn enemies for life.

Currently, there are rules that determine the rules for living in houses. They state at what distance the borders of neighboring areas should be from plantings and buildings.

I want to talk about a specific case. Let's say that a large, spreading tree is growing on your neighbor's lot.

In general, it does not bother you in any way and you can even hide in its shade in hot weather. But the branches of a neighbor's tree hang over your site. In autumn, foliage covers your lawn, and therefore you have to spend time and energy cleaning it. Do you have the right to cut the disturbing branch exactly along the border of the site?

This question interested me so much that I was not too lazy to talk to a lawyer.

It turns out that there are special rules for planting trees. They say that a medium-sized tree should not be closer from the fence than at a distance

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2 meters. If the tree is tall, then this distance is 4 meters.

True, I did not manage to get to the bottom of the truth: how a medium-sized tree differs from a tall one. It is popularly believed that if a tree below 3 metersthen it medium-sized, and if higher, then already tall.

In addition, if a dispute arises between neighbors, shading norms must be taken into account. When it comes to one tree, it is unlikely that the shadow from it will shade the entire neighboring area.

An important point is fire safety, which is 3 meters to the fence.

Gradually we got to the branches. If the leaves, fruits and branches of a neighbor's tree harm you and this can be easily proven, then the law will take your side.

But if you exaggerate the harm done, the court will not grant the claim.

You can safely remove the branches that are on your territory. The main thing is that after this the tree does not die. Otherwise, a neighbor will be able to write a counterclaim against you on the fact of damage to someone else's property.

If a neighbor's tree really hurts you, carry out appropriate examinations to prove your case. Or try to negotiate amicably with your neighbor. Sometimes it works!

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