Trees and Property Boundaries: Your Legal Questions Answered

Questioner

We have planted 2 standard trees at 60 cm from the property line to partially block the view of the high barn (3m) of the neighbours. The neighbours want us to remove the trees. Are they within their rights?

Lawyer

Trees must be planted 2 meters from the property line. 60 cm is therefore too short on the property line and the neighbors can ask to remove it.

Lawyer

Good afternoon, which municipality is this? Municipalities often deviate from the statutory minimum distance of 2.00 meters in the APV. Some municipalities set this distance at 1.00 meters and sometimes even less. I would like to hear from you, then I will look it up for you in the APV.

Questioner

In Hendrik Ido Ambacht. Thanks for your response :-)

Lawyer

Good afternoon, the APV of Hendrik-Ido-Ambacht does not contain any deviation from the legal rules. This means that the distance to be maintained from the property boundary for trees is 2.00 meters from the property boundary.

Questioner

Many internet sites state that espalier trees must be 50 cm from the property boundary (https://www.groencentrumdemortelen.nl/leibomenspecialist) and in many new-build gardens around us, espalier trees are 50 cm from the neighbours... type 'espalier tree' in Google and you will get 100 garden designs with espalier trees on the sides within a metre of the neighbours. Are all these designs against the law?

Lawyer

Many municipalities have limited the distance for trees to one meter or even 50 cm. For shrubs, other distances also apply, but espalier trees are not shrubs. Garden designers mainly take aesthetics into account, but less so the law.