Those who ever had neighbors can most likely confirm that raising relationships on a good level is not always a simple task. And only when a tree that extends above the neighbor’s land grows at the boundary of the land? If you are not friends, it can be a big and protracted problem.
Maybe your grandfather increased his neighbor’s grandfather to the leg and the family war for decades was taken care of. Now your tree is shielding a neighbor, because it just wants to build a sun bath in those places – that is, of course, exaggeration, but some neighborly disputes are so strange that we might not be surprised. Does anyone even want to adjust the tree growing on your side of the fence to its liking? And what if you don’t?
The law remembers
Fortunately, such a thing is taken care of by the Civil Code, at least for those opportunities where common sense is lagging behind by other disputes. According to the law, the owner of any property, including land, must refrain from acting, which would annoy their neighbors, or prevent them from exercising their rights, such as the smooth use of their own land. What is meant specifically?
There are compelling reasons
As a result, if your tree is shielding a neighbor so that the sun does not go into the apartment, the fruits fallen from your tree thwart its carefully treated green, or even the tree even violates the foundations of the house, the owner of the neighboring real estate has the right to insist on this unfavorable state. This really results from the logic of the matter. We would also not want to be restricted to our own garden.
The owner of the tree should take care of
Perhaps the neighbors agree to trim the tree. But there may be another problem: Who will do it? You say it is enough to allow the guy behind the fence to cut your tree to his liking. But it’s not that simple. It is primarily the duty of the tree owner, the land on whose land there is a tribe. However, if you do not take care of the correction yourself, the aforementioned Code gives the right to a neighbor to take care of the unwanted parasol on its own and at its discretion. Again, however, it should be a reasonable procedure. Unfortunately, the word adequate is very subjective, so we cannot be surprised that in the most nuclerable neighborhoods this can cause other problems.
What about young trees?
This usually applies to older trees, which were most likely to be planted by your ancestors at a time when the future problem was not considered at all. But if you are going to new planting, then remember that, like buildings, trees should not be planted closer than three meters from the boundary of the land – especially those that are expected to grow. In the case of shrubs and small trees (ie those that remain small in decades), the boundary of one meter from the neighbor’s land is determined. Also remember the root system that can have the same width as the crown.
Avoid disputes – in your own interest
If you follow these advice, and indeed the legal rules, you will not only avoid your own disputes with other people, but will make life easier and the next owners of real estate, which can most likely be your own children.
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