I am looking for a lawyer or legal expert: overgrowing branches/permit from the municipality

Questioner

I am looking for a lawyer or legal expert because we have a problem due to the nuisance caused by the trees. We have 2 very large trees next to our backyard. Those trees belong to the municipality. Every year we suffer from: 1. No sun in our backyard 2. Overhanging branches (these large and wide branches grow above our garden) 3. From now on (May until autumn and winter) we have a lot of leaves, chestnuts and rubbish in our garden, we have to clean this up every day. 4. Our well in the garden is blocked all the time by that rubbish. Alwel has been to solve this but that was not successful. 5. Our flowers in the garden cannot grow well because we hardly have any sun there The municipality in Etten Leur only pruned 3 branches in the winter. That really didn't solve anything. At my request they came again but they said they couldn't do anything further. I think they just don't feel like doing this. I had read somewhere that if branches grow above our garden, we are allowed to remove them ourselves. My question is what can we do? What rights do we have and can you help us (e.g. write a letter)?

Lawyer

The laws, rights and obligations that apply between neighbours also apply if one of those neighbours is the municipality. Have you written to them on the basis of the private rules from the neighbour law. You may also remove overhanging branches yourself if the municipality does not do so. It may be that these are special and protected tree species subject to a tree plan policy. So that must also be looked at. The other matters you mention fall under unlawful neighbour nuisance (sunlight deprivation, leaves and other waste.) Could you please contact me via my website?