The neighbour's nuts fall on my doorstep

The neighbour's nuts fall on my doorstep

"The tree on my neighbour's plot (80cm from mine) shades my whole garden. What's more, when autumn comes, I have to collect the leaves from the tree, not to mention the nuts that fall into my garden and are eaten by my dogs, causing them stomach upsets and incurring vet bills. Is it possible to force the owner of the walnut tree to have it pruned?

Under federal law, the owner of a property is obliged to refrain from any excesses that are detrimental to the neighbouring property. In particular, this prohibits the emission of smoke, unpleasant fumes or noise that causes damage to the neighbouring property. The Federal Court has also ruled that sunlight deprivation constitutes a "negative" immission. Such immissions are prohibited insofar as they exceed the limits of tolerance that neighbours owe each other in view of local usage, the location and the nature of the buildings.

In the event of excessive interference, the owner of the land, like the tenant, may take action to put an end to the disturbance and seek compensation for the damage suffered. It should be remembered, however, that the excessive nature of the disturbance has generally been interpreted restrictively by the federal courts, which have in particular refused to consider falling leaves on a private road as an infringement of a neighbour's right.

It should also be noted that the federal legislator has made it possible for any property owner to cut back branches or roots that encroach on his property and cause him harm. However, certain trees are protected and pruning, topping and felling are subject to prior authorisation from the Department of the Interior, Mobility and the Environment.

Finally, alongside these federal provisions protecting property, there are cantonal regulations setting minimum distances from parcel boundaries and maximum planting heights. In principle, a walnut tree 80 centimetres from your property must not be more than two metres high.

If the shade from this tree is excessive, you are entitled to take legal action to bring the interference within the tolerable limit. As regards dead leaves and nuts, the Court may not accept that there has been unlawful interference. Finally, if a branch of the walnut tree penetrates your property, you can request permission to cut it off, particularly as it is causing you financial damage in relation to veterinary costs.