Property Lawyer in Spain | Neighbours' Trees
 

Neighbours’ Trees

NEIGHBOUR’S TREES

Tall trees can not be planted within a distance of two metres of a neighbouring plot or within 50 cms in the case of a low tree or bush.
This rule is to be applied by a court and in accordance with the current Civil Code ( 1889), so older trees are not affected by this rule.

  • If the branches of a tree overhang a neighbouring property, the owner of this land can demand that the branches are cut back from above the property.
  • If the roots of the tree extend into the neighbouring land, the owner of this neighbouring land can cut the roots of the tree back to the boundary line.
  • If the trees or bushes actually form the boundary as a hedge it is deemed to be a shared hedge, and either of the owners can ask to have it replaced.

    Current council rules or urban planning regulations may also exist, which impose different distances to be observed. These distances can be claimed by the neighbour from the local authority, and a given period of time established by these rules to comply ( commonly within four years if there is a lack of observance of local planning regulations).

     

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