Can I cut the branches of my neighbour's tree?
Yes. In Catalonia you can cut back the branches and roots of your neighbour's tree that come into your property, doing it yourself and without asking permission first. Whatever you cut is yours. You must do it in the way that is usual in gardening, agriculture or forestry, with proper pruning that does not harm the tree more than necessary. You can only cut what comes over onto your side of the boundary, without entering your neighbour's property or felling the tree.
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What the Catalan Civil Code allows
The “Código Civil de Cataluña”, the Catalan Civil Code, allows the owner of a property to cut the branches and roots of a tree or shrub on the neighbouring property that have grown into theirs. It does not require them to ask the neighbour first or to wait until the branches or roots cause damage. Nor does it set any time limit for doing so. There are, however, these limits:
- You can only cut what has come into your property, that is, what crosses over onto your side of the boundary, the line separating the two properties.
- You must cut in the way generally accepted in gardening, agriculture or forestry. If you prune badly and the tree dies or falls, you may have to compensate your neighbour.
- You cannot enter your neighbour's property or fell the tree. If what worries you is that the tree might fall, you can require your neighbour to prune it, secure it or fell it.
You can keep whatever you cut, such as the firewood. Fruit that falls naturally from your neighbour's tree onto your property, if it is fenced in, is also yours.
Under the Spanish Civil Code (“Código civil”), which applies in most of the rest of Spain, the rule on branches is different. You have to ask your neighbour to cut them and, if they do not, take the matter to court. Roots, on the other hand, you can cut yourself within your own property.
How best to do it
Although the law does not require it, it is advisable to take these precautions:
- Talk to your neighbour beforehand or write to them, explaining what you are going to cut and when. This avoids arguments and leaves a record that you warned them.
- Take photos of the tree before and after pruning.
- Have the pruning done by a gardener or a specialist firm if the cut is large or the branches are thick.
- Ask the town council beforehand whether the tree is protected, for example because it is listed in a municipal catalogue.
The law does not say who pays for the pruning, so it is also worth discussing this with your neighbour. If the branches or roots have already caused you damage, such as a broken pipe or a cracked wall, you can claim payment for it from your neighbour.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.