Conifer hedge replaced by fence

Questioner

My neighbours have conifers on their land very close to the boundary of the property. Of course the branches grow on our land. We have been pruning this on our side for 39 years. The trees are brown inside and are falling out enormously. In the meantime the trunks are also starting to grow over the boundary of the property (thickness). We would like to place a fence on our side of our land, at our expense, but that means that the trees have to be pruned back to the trunk at least. Even then I can't manage it completely, given the growth direction of the base trunks. I would like to know how I can best approach this. We have not had any contact with our neighbours for a year and have just had a legal dispute. Obviously I want to avoid repetition. Consultation is impossible. In the past I asked them twice to place a fence together, but they thought it was too expensive. The trees are very high and bare inside. I also miss part of my garden and my privacy (neighbors are very nosy) What can and should I do to proceed correctly in order to be able to construct a fence on my property? As far as my information goes I can prune everything back on my side but suppose we prune the trees back and they die, they have been standing for at least 40 years and are only green on the outside. What about liability then. Can you advise me on this? Thank you very much!

Lawyer

There is a hedge against the property line but not on it? In that case, you can always demand that your neighbor cooperates in the construction of a dividing wall (fence) and pays at least half of the costs for maintenance, repair and replacement. The hedge may remain on private land due to prescription.

Questioner

Thank you for your answer! In the meantime, a gardener has assessed the health of the trees and came to the conclusion that the trees are partly on the neighbours' land, partly on our land and one tree on the property boundary. A bit strange but oh well. Very unclear then. Having the land registry measured costs around 800 euros, so I'd rather not do that. Does submitting a cadastral map also suffice in this case? How does the law apply to us now? - if the conifer hedge is the neighbours' - if the hedge is ours - if the hedge belongs to both I definitely don't want the fence together, but only on our property!! Can I remove the hedge at our expense and put up my fence or do I still have obligations towards my neighbours? Legally I can demand that the trees be removed, but can I also do that if I don't want a shared dividing wall? What if they don't cooperate, the trees are on their land and the roots of the trees are damaged... Thank you in advance!!!

Lawyer

You may at all times demand your neighbours' cooperation in the construction of a dividing wall on the actual property boundary that is determined in principle by cadastral evidence, even if that means that the hedge must then be removed. You may always do that on your own land. It may be advisable that you let me explain to your neighbours how everything is legally based on case law and law. Precisely to prevent disagreement due to ignorance. Please contact me for this so that I can also assess the other information (photos / who ever planted the hedge?)

Questioner

Thank you very much for your quick response and especially considering the time. Your answer certainly gives us perspective! We have had this wish for several years now, but in the past my request and my plan to do this together have already been rejected twice. My neighbours do not know that we are now taking up this plan again and that we definitely want to implement it. Before I inform them, I want to be absolutely sure where I stand and what I am allowed and able to do. I always understood from my neighbors that these were their trees, but now there is doubt about that. When we bought this house 39 years ago, the conifers were already there. Tomorrow I will look at the old deed of sale to see if there is anything in it about this property boundary. Which photos or pieces would you like to see? For now I wish you a nice evening!!!!

Lawyer

Hello, otherwise please contact me via my website or the direct contact button. Then you can share more information.