Invasive plantations are often a source of conflict between neighbours. While it may be tempting to prune your neighbour's trees, you should be aware that there is a strict law governing this matter.

Distances between plantations and party lines

Planting shrubs close to the party line is permitted. However, the plants may not exceed 2 m in height. They must also be at least 2 m away from the property line. Are the distances and heights not respected? In this case, the neighbour has the right to demand that the trees be pruned or uprooted, unless :

• there is evidence of an agreement between neighbours allowing the planting of these trees
• the two plots were originally a single plot and the disturbing plants were planted before the division of the plot more than 10 years ago that the trees were planted. In this case, the ten-year limitation period applies.

Invasive branches and roots

Are branches or roots from your neighbour's property invading your garden? In this case, you have the right to ask for the pruning of all that is sticking out or to do it yourself. Are they fruit trees? You have the right to harvest the fruit from the branches on your land.

In the case of a common hedge where there are plantations, both neighbours may at any time request the pruning of trees or shrubs.

Pruning a neighbour's tree: What to do before filing a complaint?

If a simple request is not enough to make your neighbour react, you can lodge a complaint. However, it is advisable to contact the town hall to find out about the municipal regulations on private planting. Some communes have an exemption, in which case the communal regulations apply.

Discover the full texts of articles 671 to 673 of the Civil Code on thehe Legilux website as well as all the articles of the Civil Code concerning joint ownership.