By Carlos Baos (Lawyer) • 24 November 2022 • 12:05
Image - qualtaghvisuals/Shutterstock
In homes built on plots of land, trees are often the cause of disputes. Distance of the trees from the boundaries, branches invading the neighbour’s property, roots causing damages, etc.
What happens if a neighbour plants a tree right on the boundary of your plot? How should you handle a situation like this? The first step should be to determine which regulation applies. This will depend on the municipality in which the property is located. Let us explain. Art. 591 of the Spanish Civil Code states that the distance from the boundary at which a tree can be planted will be established:
1. In the first place, by the Municipal By-Laws.
2. Secondly, by the custom of the place.
3. Finally, if there are no specific By-Laws or custom applicable, by the Spanish Civil Code: 2 metres for large trees. 50 centimetres for small trees.
Let0s look at a practical case. The regulations of the city of Denia. The town hall issued a specific By-Law for the Trees’ Protection. Article 7.7 regulates with the distance from the boundary at which trees must be planted, by reproducing in full the regulation of the Spanish Civil Code (2 metres and 50 cm, depending on the type of tree: tall or small).
Can a neighbour plant a tree on the boundary line, without any height limitation? Although the Civil Code does not foresee any rule about height, when the branches overstep the boundary, we can demand our neighbour to cut them off. The same applies to the roots. Municipalities do regulate height. In the case of Denia, for example, the Municipal By-Law for the conservation of plots of land allows owners to fence their plot, if they wish, by means of a vegetation fence. However, if they do, the height of the fence must not exceed 2.5 metres.
If your neighbour’s trees are causing you problems because of their height, branch spread or roots, please do not hesitate to contact us. At White-Baos Lawyers we will study your
case and offer you expert advice on the matter.
You may be interested in the following services and articles:
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Damage caused by the neighbour for excavations, earthworks… Legal advice.
Legal claims against the association of owners. Enforceable agreements. Rights of the owners of the parking. Payment of community fees.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: [email protected]
White & Baos 2022 – All Rights Reserved.
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