An old twisted tree in my neighbor’s yard has several completely rotten branches sticking out onto my property. My granddaughters often play there and I’m afraid they’ll end up knocked out if one of these branches breaks and falls on my side of the fence. I have already spoken to my neighbor about it, but he does nothing. Am I allowed to cut them myself?
FC, Geneva
The Swiss legislator has effectively provided for a “right to prune” under certain conditions: any owner can cut and keep the branches and roots which advance on his land if they are detrimental to him and if, after complaint, the neighbor does not remove them in a suitable period (art. 687 of the Civil Code).
As is often the case in the field of neighborhood law, it is therefore first necessary to seek dialogue. If no amicable agreement can be reached, and insofar as the plantations concerned cause damage to your property, in other words if you are considerably hindered in your right to use or exploit your land, or even if the situation creates a danger as it seems to be your case, you can act.
First, give your neighbor (ideally in writing) a reasonable time to remedy the situation. Specify that if nothing is done within this time, you will prune the disturbing branches yourself, but only to the extent that they exceed the limits of the neighboring land on yours. If your neighbor does not activate in the deadline you have given him, you can grab your pruning shears or ask your gardener to take care of it. However, you will have to bear the resulting costs yourself.
Your neighbor has no right to rely on the argument that the branches of his tree have been hanging over your house for a long time. In other words, the right to limb exists at all times.
On the other hand, it is excluded if the branches or roots come from the public domain or from a forest (be careful not to cut, for example, the trees of the municipal park adjoining your property!).
The cantons can also enact specific rules concerning the branches and roots of fruit trees or protected species.
If you have any doubts about the conditions of the right of limbing, it is better to seize the competent civil judge. Otherwise, your neighbor may be able to claim damages or you may face an administrative penalty.
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– Can I prune my neighbour’s tree?
Pascal Rytz – Lawyer