The neighbour's trees are taking over my garden
The neighbour's trees are taking over my garden
"Spring has officially returned to Geneva with the first bud of the Treille chestnut tree. Unfortunately, like every year, it's also my neighbour who's going to turn me brown with his trees, which he doesn't look after and which are colonising my garden more and more. This year, I've decided to prune them myself, but I'm still wondering whether I have the right to take the law into my own hands without getting into trouble...".
Yves, from a commune in Geneva
Anyone who suffers damage or is threatened with damage as a result of an owner's excessive use of his or her property may take legal action to require the owner to restore the property to its original state and to take steps to avert a danger; it is also possible to claim damages.
With regard to neighbourly relations in particular, everyone is required to refrain from any excesses that are detrimental to their 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, in principle, 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. The owner also has the right to harvest the fruit from these branches.
Cantonal law may, however, provide otherwise and, in particular, 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 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 to the Administrative Court. However, you always have the option of bringing an action for the cessation of disturbance before the Court of First Instance, which also has jurisdiction to hear claims for damages.
