Property Separation and Rights: Legal Answers


Questioner

I have a question about a property boundary between the front gardens of 2 rented houses. There is now a boundary (over 2m high) of conifers and some young birches. The neighbor has cut it back to the trunk on her side, leaving holes and making it look bad, it looks more like a cross-section of a conifer. I think she has the right to prune the boundary on her side whenever she wants but she is not allowed to damage the bushes. and that is what my question is about. When we plant new conifers, where is the line between pruning and damaging? Can you say that making openings in a solid fence is considered damaging? I look forward to hearing from you.

Lawyer

A hedge on the property line is joint property under the law. The same applies to a tree, if the property line runs under the middle of a tree so that the trunk is on both properties: the tree is then joint property. Things that are joint property may be maintained by both parties, but may not be damaged by either of them. The permission of the other owner is required for this.

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