Trees growing close to the fence are often problematic when they reach several meters – they can shade the property next to it or grow into the fence, which may lead to its damage. Moreover, especially in autumn, such trees may litter the plot with leaves. Can anything be done about it? The best option is to talk, but the provisions of the Civil Code will also help in some matters.
It is not regulated in any act, but it is worth following the guidelines developed by the Polish Association of Allotment Gardeners. Based on the Regulations of the Family Allotment Garden of the Polish Allotment Gardeners’ Association, we learn that, among others: ornamental shrubs, trees and conifers should generally grow at least 2 meters from the fence. However, this does not apply to large trees – these should preferably grow 5 meters from the border. However, in many cases this is difficult to do due to the limited space of the yard, so it is worth communicating with your neighbors on this matter to avoid escalating the conflict later.
Moreover, it is worth keeping the trees no higher than 5 m, because then there is less chance that they will shade the property next to it and drop leaves on it (if they grow about 3 m from the fence). However, it is not regulated by law, it is only a suggestion that is worth following to avoid conflict with your neighbor. Taller trees may also pose a greater threat to the building and fence, e.g. during a storm, they may collapse.
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Above all if branches or roots encroach on our plot, we are entitled to remove them in accordance with Art. 150 of the Civil Code. First, inform your neighbor and give him time to solve the problem himself – taking into account the time of year and the time needed to organize equipment for trimming. If this does not work, it is a good idea to specify in writing the date by which we intend to cut down the branch that is encroaching on our property.
In the case of a tree shading the property, this issue is a bit more difficult to solve, but you can refer to it art. 144 of the Civil Code, which contains information about immissions, i.e. factors affecting the property. This gives you the opportunity to claim compensation and demand that the tree be cut down if, for example, growing oak trees significantly reduce the sun exposure of the plot.
However, in such matters, the first step should be to talk to your neighbor – reaching an agreement will be the best solution for both parties. If the tree does not pose a real threat and does not significantly impede functioning, there are no grounds for reporting it, e.g. to the commune office and it is better to resolve this issue among themselves.
