Legal tip 349. What about trees, branches, roots of my neighbour?
Friday, September 24, 2010 @ 9:48 AM
In terms of minimum distances between neighbouring properties, trees plantations need to be made according to local regulations. If local regulations do not specify about this, the minimum distance to the dividing line will be of 2 meters if trees are tall and 50 cms if trees are short. Trees planted contravening this rule can be uprooted at the request of the affected owner.
The owner of a property suffering the invasion of branches and roots of neighbor’s trees can request them to be chopped. Roots can be chopped without previous request.
Trees in a living dividing hedge are also considered part of the hedge and any owner can request them to be pulled up, excepting trees working as markers, which cannot be uprooted without co-owners agreement.
Marina under construction in La Linea ( Cadiz) by Roberto Pecino at Flickr.com