What can I do if my neighbour's tree damages my property?

Question

José Manuel Alburquerque · Accepted Answer

You can require your neighbour to put an end to the damage and to pay you what it costs to repair it. In Catalonia you can cut back the branches and roots that come into your property yourself and, if the tree is dead, leaning or split and threatens to fall, require your neighbour to take measures, which may go as far as felling it. If the damage has already occurred, such as a pipe broken by the roots or a branch that has fallen on the roof, the owner of the tree must pay for it, unless they prove force majeure, such as an exceptional storm. That damage is usually covered by the neighbour's home insurance. In Catalonia you have three years from when you become aware of the damage to claim compensation. Stopping the damage The “Código Civil de Cataluña”, the Catalan Civil Code, gives the neighbour affected these options: Cutting back the branches and roots that come into their property themselves, with proper pruning. If the tree is dead, leaning or split and there is a reasonable danger that it will fall onto their property or onto anyone passing nearby, requiring its owner to take appropriate measures, such as pruning it, securing it or felling it. If the roots lift the ground or break a pipe or a wall, or the tree encroaches on their property in any other way, requiring the neighbour to put an end to that situation and to prevent it from happening again. This is what the law calls the “acción negatoria”, an action to stop interference with your property, which can be brought for as long as the damage continues. What does not usually give a right to claim is the normal nuisance caused by a tree, such as leaves, flowers or pollen that fall from time to time, because the Catalan code requires nuisances that do not cause substantial harm to be tolerated. Getting the damage paid for The owner of the tree is liable for the damage it causes. They must look after it, prune it when necessary and act on any warnings they are given. In general, they only escape liability if they prove force majeure, that is, that the damage could not have been foreseen or avoided, as in an exceptional storm. As the Catalan code has no general rule on this liability, the Spanish Civil Code (“Código civil”) applies, but with the Catalan time limit, which is three years from when you become aware of the damage. In most of the rest of Spain the time limit is one year. If your neighbour has home insurance, the policy usually covers their liability as owner. You can claim directly against the neighbour's insurer. Your own insurance may also cover some of this damage, depending on the policy. How to claim Take dated photos of the tree and the damage. Ask an expert, such as a gardener, an architect or a building surveyor (“aparejador”), for a report linking the damage to the tree. Send your neighbour a written demand, for example by “burofax”, a certified letter with proof of content, to pay for the damage and, depending on the case, to prune the tree, remove the roots or fell it. Also ask for the details of their insurance. If the tree threatens to fall onto the street and the danger is immediate, alert the local police or the fire brigade. If your neighbour does not respond, you can sue them. Before doing so, the law requires, in general, an attempt to reach an agreement, for example with a written proposal or mediation. If the tree threatens to fall, there is also a fast-track court procedure to ask for it to be felled, which in principle does not require that prior attempt.