Should a neighbor force a tree to be removed?

Questioner

We are having trouble with our neighbour's tree. Last week, a very large branch from our neighbour's tree ended up in our garden. We have 2 small children and we are far too afraid of accidents happening. We would like that tree to go. What can I do about this?

Lawyer

In this situation there are several legal steps you can take. The neighbour law as laid down in the Civil Code offers several possibilities. The first thing you can do is talk to your neighbor and explain the situation. He may not be aware of the problems the tree is causing, or he may be willing to prune or remove the tree. If this conversation does not lead to the desired solution, you can request your neighbor in writing to remove the tree. In this letter, you can explain the problems you are experiencing and indicate that you are considering liability if damage is caused by falling branches. If your neighbor is unwilling to remove or prune the tree, you may consider taking legal action. The Civil Code states in article 5:42 that 'no trees, hedges or shrubs may be within two meters of the property boundary, unless the owner agrees'. If the tree causes a nuisance, for example because it loses many branches during a storm that can cause damage to your property, or because it reduces the amount of light entering your garden, you can go to court. Please note that in general a judge will not quickly order the removal of trees. It is important that you have discussed all other options with your neighbour first. In addition, the nuisance must be considerable and structural. Consultation with a legal advisor may be wise here. Last but not least, it can also be useful to inquire with the municipality. In certain cases, they also have a say in the felling of trees. This advice is general and it is advisable to discuss your situation further with a legal advisor or lawyer, who can guide you through the next steps.' ---------------- Please note! This free advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.