Help with neighbor dispute about tree on property boundary
Questioner
I want to talk to my neighbours soon about the conifer that is on the property line. It concerns a spruce that is about 15 metres high and that is in their front garden and borders my driveway and the public road. The tree is older than 20 years. The lower branches are occasionally pruned by the neighbours so that they do not hang (just) over the street, but this also makes the tree top-heavy. It also obstructs the view of the road and the needles have been causing a nuisance for years. That is all still manageable. But in strong winds it does creak quite a bit. My question is therefore what happens if it were to blow over. And how does that work with the duty of care for a tree? Are my neighbours obliged to inspect this tree (or have it inspected). If so, and how do I report this to my neighbours.Lawyer
It is not legally permitted to have trees at a distance of less than two metres, calculated from the middle of the foot of a tree to the boundary of another person's property. This is different if 20 years have passed since the tree was planted or since the tree was pruned back to the height of the property boundary (fence, gate). The claim to remove the tree has then expired. The municipality may have prescribed different rules regarding the permitted distance to the property boundary and the height of trees by ordinance. You will have to check this with your municipality. If the tree causes a nuisance (overhanging branches, loss of light) or poses a danger due to its height (the latter will have to be investigated), you can request that an investigation be carried out into the health of the tree and/or that it be pruned back to an acceptable height. I advise you to first enter into consultation with the neighbours. If they do not want to cooperate, you should summon them to take the desired measures.Lawyer
It is important that it is first established 'whose' tree it is. If, as you write, it is on the property line, you are both 'owners' of the tree and you must both ensure that the tree does not cause any danger. The costs of maintaining the tree are therefore joint costs. If it were to be established that the neighbours are the owners, then they must ensure that the tree does not pose a danger or cause damage. However, it is not the case in advance that they are obliged to have the tree inspected periodically. If it were to be established that you are the owner of the tree, then the above applies to you. If you believe that the tree belongs to the neighbours and that it is causing a danger/unlawful nuisance, you should bear in mind that you will have to state this and, if necessary, prove it before you can successfully challenge the neighbours on this matter (in court).Lawyer
Since the explanation states that the tree is in the neighbours' front garden, I assumed in my answer that it is not exactly on the property line.Questioner
Thanks for your responses. The tree is indeed the neighbors' and is against the property line.Lawyer
In that case, the tree is on the neighbour's property and the neighbours are the owners.Lawyer
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I have started a conversation with my neighbours and fortunately the neighbours are also of the opinion that the tree is very high. A tree specialist will come soon to see if the tree will be drastically pruned or if it will be removed.Neem de volgende stap
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