Trimming overhanging branches: an important warning

The maintenance of trees and shrubs along a property line is often a point of contention between neighbors. A recent decision by the Court of Appeal in Arnhem-Leeuwarden underscores the importance of being careful when it comes to pruning. The court ruled that it was illegal to cut branches without the neighbor's permission and ordered the pruner to pay damages.

The importance of caution when trimming

This case involved trees on the property line. The owners of the neighboring property had pruned large portions of the trees, including branches that were over the property of the tree owner. This resulted in severe damage to the trees and hedge. The court ruled that this pruning did not qualify as normal maintenance. Even if the trees were common property, the neighbors should not have cut branches without the owner's permission.

Financial Consequences of Illegal Trimming

The consequences of this unlawful action were significant: the neighbors had to pay €5,414.15 in damages to plant new trees. The court found that the damage was not easily repaired and that the cost of replacement planting was justified.

What does the law say about maintaining trees and shrubs?

The Neighborhood Law provides clear rules for the maintenance of trees and shrubs. According to Article 5:65 of the Civil Code, overhanging branches on a neighbor's property can in principle be removed, but care must be taken. First, the owner of the tree or plantation must be asked to cut back the overhanging branches. Only if the owner refuses to do so is the authority to remove the overhanging branches oneself, provided that no substantial damage is caused. The ruling shows that a judge can be strict when these rules are violated.

Litigation: A Last Resort

While litigation is sometimes necessary to resolve a dispute, it also carries risks. In this case, a judge had to be called in to determine the extent of damages and the responsibilities of the parties. This highlights the importance of proper consultation and seeking a peaceful resolution before taking legal action.

Practical tips for neighbors

1. Always consult first: Discuss pruning plans with your neighbors, especially if the trees or shrubs are along the property line. If you find it difficult to start the conversation yourself, see if neighborhood mediation can help.
2. Ask permission: Do not begin trimming without first asking the property owner's permission. This will prevent the owner from being surprised and possibly irritated by your actions.
3. Hire an expert: Hire a landscaper or professional to assess what can be done without causing damage.
4. Record agreements: Make sure you have clear agreements, preferably in writing, to avoid misunderstandings.

Conclusion

Overzealous trimming of trees or plantings owned or shared by your neighbors can have unintended and costly consequences. This case underscores the importance of treading lightly and respecting the rights of your neighbors. Do you have questions about your rights and responsibilities under neighborhood law? Contact us for expert advice and guidance.