Legal assistance with neighbourhood conflicts | Legal aid centre

Questioner

our neighbours planted pollard willows when they bought the house (now our house was empty at the time) the trees are not 2 metres from the property line and are not maintained. The result is that the pollard willows just keep growing and are quite tall. Branches also regularly break off in bad weather and are in our garden. We had a border, but it was removed because there is too little sunlight. These trees are not made for such branches. The trees also tear here and there. The trees have been there for 20 years in 2019. What should we do? The neighbor doesn't want to prune/pollar them.

Lawyer

The trees must be at least 2 metres from the property boundary, unless the municipality stipulates otherwise in its bylaw. You can prune overhanging branches if you have already informed the neighbours and do not want to do this yourself. If your neighbours received permission to leave the tree standing more than 10 years ago, moving it is not permitted. The same applies if the tree has been there for at least 20 years, due to the statute of limitations. I advise you to first inform your neighbours in writing that you will maintain the tree or, if necessary, move it. A letter from a lawyer can often resolve the matter. For more information or help, you can contact me directly and without obligation. To do so, click on the button next to this answer.

Questioner

The branches grow straight up from a pollard willow. The trees are about 20 meters high! Trees were planted without consultation. The neighbours indicated that they would not pollard them. Aren't they obliged to maintain the trees?

Lawyer

They are obliged to do so. If you are bothered by overhanging branches, for example, you can prune them if the neighbours do not cooperate. In order to consider the nuisance of trees as unlawful, there must be a serious and disproportionate nuisance. This must be assessed according to the nature, seriousness and duration of the nuisance of the pollard willow.

Lawyer

We would like to introduce ourselves to you. We are from the SBS6 television program 'Mr. Frank Visser Does a Pronunciation'. In this program, Mr. Visser solves high-profile issues and conflicts. Mr. Visser started the TV program 'De Rijdende Rechter' over 20 years ago because he believed that all people have the right to justice. And he still believes that! We have read your case and are wondering what the situation is now? We offer you the opportunity to discuss your case in our television program. If you are interested, please contact us.