Neighboring properties may also affect our plot. Especially when there is a neighbor’s plant that casts a strong shadow on our garden and makes it difficult for us to grow plants. Then it is worth taking action to solve this problem. How to do it and how to comply with the law to have your neighbor trim or remove the tree? We explain.
Sometimes it happens that a tree growing on the plot is a nuisance to us. It can make our everyday life difficult in several different ways, e.g. shading the garden, reducing the efficiency of our crops or causing excessive moisture on the property.
The first step should be of course an attempt to talk to the neighbor and reach a common compromise. Unfortunately, however, this does not always work out. It is worth knowing that, according to the Civil Code (Article 144), the property owner should avoid activities that disturb the use of neighboring properties.
Therefore, if the shade of a tree covers our plot above average, we have the right to apply for the removal or trimming of the tree. However, remember that this request should be justified and based on the specific damage caused by the tree.
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If talks with the neighbor are not successful, we can take the case to court. Then, based on the evidence we collect, the court may order the tree to be trimmed or removed.
Therefore, before we take legal action, we should collect appropriate evidence. These may be, for example, photographs of shaded areas or opinions of experts who will confirm the negative impact of the tree on our plot.
Sometimes when a tree poses a threat to life or property, it the court may order immediate action. It is worth remembering that the neighbor must apply for a cutting permit from the appropriate institutions, because as the injured party we do not have such a right.
To sum up, the best solution is to talk to your neighbor, and if that doesn’t work, then take legal action. It is prohibited to arbitrarily remove a tree that grows on a neighbor’s plot, as this may have serious legal consequences. This type of invasion of the property and cutting down a tree without the owner’s consent may result in a fine or even imprisonment, in accordance with the provisions of the Penal Code (Article 288).
But what if the branches of a neighbor’s tree encroach on our plot? Then we can trim them, but only after informing the neighbor and giving him a deadline to take action. It is worth making sure that this type of warning is written and that it includes a specific time frame.
