Cutting off the neighbour's branch?

Cutting off the neighbour's branch?

"When my son was playing in the garden the other day, he hit a large branch of my neighbour's tree, which is overhanging my house. I've asked my neighbour several times to look after his tree to avoid an accident. This time, however, I had to take my son to the doctor.

Can I cut these branches myself?

In terms of property ownership, there is a minimum level of protection under federal law against immissions. Anyone who suffers damage or is threatened with damage as a result of an owner exceeding his or her rights may take action against the owner to restore the property to its original state or take measures to avert the danger, and may claim damages. As regards neighbourly relations, the owner is obliged, in exercising his right, to refrain from any excesses detrimental to the neighbour's property. In particular, the emission of smoke or soot, unpleasant fumes, noise and vibrations that have a harmful effect and that exceed the limits of tolerance that neighbours owe each other in view of local usage and the location and nature of the buildings are prohibited.

As far as plants are concerned, every owner has the right to cut and keep branches and roots that encroach on his land, if they cause him damage and if, after complaint, the neighbour does not remove them within a suitable period of time. Moreover, an owner who allows branches of trees planted on neighbouring land to encroach on his buildings or crops is entitled to the fruits of those branches.

However, cantonal law may provide otherwise. In particular, it may require neighbours to allow the branches and roots of fruit trees to extend over their land. In Geneva, pruning, topping and felling of trees are subject to prior authorisation issued by the Department of the Interior, Agriculture and the Environment, in accordance with the regulations on the conservation of tree vegetation. As a result, you are not entitled to prune that part of your neighbour's tree that protrudes into your plot without proper prior authorisation. Application forms for tree felling and pruning are available from landscapers or at www.geneve.ch. If the application is rejected, you can appeal against the decision to the cantonal administrative appeals commission. You can also take the matter to the Court of First Instance and claim damages for any medical expenses incurred as a result of your child's injuries.