Can I prune my neighbour's tree?

Can I prune my neighbour's tree?

A twisted old tree in my neighbour's garden has several rotten branches sticking out onto my property. My granddaughters often play there and I'm afraid they'll be knocked unconscious if one of the branches breaks and falls over my side of the fence. I've already spoken to my neighbour about it, but he's not doing anything: do I have the right to cut them down myself?

FC

The Swiss legislator has provided for a "right of lopping" under certain conditions: any owner may cut and keep branches and roots that encroach on his or her land if they cause him or her damage and if, after complaint, the neighbour does not remove them within a suitable period (art. 687 of the Civil Code).

As is often the case when dealing with neighbours, the first thing to do is to seek dialogue. If no amicable agreement can be reached, and provided that the plantations concerned are causing damage to your property - in other words, if your right to use or exploit your land is being considerably impeded, or if the situation is creating a danger, as seems to be your case - you can take action.

First, give your neighbour a reasonable period of time (ideally in writing) in which to remedy the situation. Specify that if nothing is done within this period, you will prune the disturbing branches yourself, but only to the extent that they extend beyond the boundary of the neighbour's property onto yours. If your neighbour does not take action within the time limit you have set, you can take your pruning shears or ask your gardener to do it. You will, however, have to pay the costs yourself.

Your neighbour does not have the right to take advantage of the fact that branches from his tree have been sticking out over your property for a long time. In other words, the right to remove branches exists at all times. However, it does not apply if the branches or roots come from the public domain or a forest (so be careful not to cut down, for example, the trees in the municipal park adjoining your property!) The cantons may also lay down specific rules for branches and roots of fruit trees or protected species.

If you are in any doubt about the conditions under which you have the right to fell trees, it is best to refer the matter to the competent civil court. Otherwise, your neighbour may be able to claim damages from you, or you may be liable to administrative penalties.