Help with neighbor disputes about trees | Legal Aid

Questioner

Good morning sir, madam, Our neighbours have a large ash/maple tree. That tree has been there for 30 years now. Most of the branches grow over our property. It is not a municipal tree. We have already contacted the neighbours about this, our contact is not so good, then they had someone come and saw off branches on their part. They also indicate that the tree will be out of alignment if they saw off branches on my side. Because of this tree we get much less sun, but in the fall we get many leaves and branches that fall off in strong winds. I don't know what I can and may do legally. Can you help me? If you want I can show you pictures of the situation. Thank you in advance. Kind regards.

Lawyer

The Arnhem court has indicated in two different rulings that there is a general interest that is served by the presence of trees. Therefore, one should judge with restraint if there is a case of alleged nuisance. In order to consider the nuisance of trees as unlawful, there must be a serious and disproportionate nuisance. The nature, severity and duration of the nuisance are decisive in this respect. The following points may be important in this respect: If the tree was already there before the neighbours experiencing the nuisance moved in, then those new neighbours will have to accept more nuisance; If the person experiencing nuisance lives in a wooded area, the nuisance will be less likely to be unlawful; So it is not easy to say what you can and may do legally. Of course, you can start legal proceedings if no solution is reached with the neighbours, and the judge will assess all the facts and circumstances.