Are you bothered by your neighbor’s branches on your property? How to behave in such a situation in order to secure your rights while avoiding unnecessary conflicts? We will advise you on your options.
Overhanging branches from a neighbor’s tree can be not only an unpleasant aesthetic element, but also a real problem. It can damage your property, such as your roof or gutters, limit access to light, or pollute your property with fallen leaves and fruit. What are your rights in this situation?
What the law says
According to the law that applies in the Czech Republic, you have the option under certain conditions to cut branches if they encroach on your property. The right to do so is provided by § 1016 of the Civil Code, which states: “If the owner does not do so within a reasonable time after the neighbor has asked him to do so, the neighbor may remove the roots or branches of the tree extending onto his property in a gentle manner and at an appropriate time of the year , if it causes him damage or other difficulties exceeding the interest in preserving the tree intact. He also owns what he gets from the removed roots and branches (paragraph 2). The parts of other plants extending onto the neighboring land may be removed by the neighbor in a gentle manner without further restrictions (paragraph 3).”
Notify a neighbor before intervention
Before you start disposing of branches on your property, it is necessary to discuss everything with the owner of the trees and explain to him that the branches are unacceptable to you and present the reasons. The motivation for this decision can also be a shadow or difficult movement on the plot. Only when the owner declares that he will not remove the branches, can you perform this activity.
Only at the given time
However, you can only prune overhanging branches at the appropriate time of the year, which is during the vegetative period, i.e. November to March. You need to do this so that the tree does not suffer and does not die.
It is not a tree
In the case of small branches of a hedge, bushes and climbing plants, this is dealt with by para. 3 § 1016 of the Civil Code. Their disposal is limited only by thrift. In this case, you don’t even have to challenge the owner if he does, or depend on his consent. In the same way, it is not necessary to weigh the interest in keeping the plant intact with the difficulties or damage it could cause.
How to proceed to solve the problem
First of all, always try to solve the problem by agreement with the neighbor. He may not be aware of your situation, but he is willing to find a compromise solution. If you can’t come to a mutual agreement, send your neighbor a written notice clearly describing the problem and why you want the overhanging branches removed. If even a written notice doesn’t help, you can go to court, which can order the neighbor to remove the overhanging parts of the tree.
What to watch out for
It is important to have evidence that the tree branches are extending onto your property and causing you damage. You can have a professional report drawn up or photos taken. The law does not specify an exact period by which the neighbor must remove the overhanging parts of the tree. However, the court will take into account the specific circumstances of the case when deciding. The costs associated with the removal of branches are usually paid by the person who requested the removal.
Resources: www.idnes.cz, www.pravniprostor.cz, www.bezplatnapravniporadna.cz
