Main points
- A land user or landowner may trim the branches or roots of a neighbor's tree if they interfere with the use of the land for its intended purpose.
- Before cutting branches, it is important to settle the issue with your neighbor and send him a registered letter demanding that the violation be eliminated.
Can you saw a tree? / Photo Unsplash
It is not uncommon for neighboring trees to be planted incorrectly and their branches to grow close to your property. They may also overhang your property, although not everyone knows whether the law allows them to be cut down.
Can I trim my neighbor's tree?
Sometimes a long-planted tree near the border of plots grows and begins to shade the neighboring territory with its branches, reports the Land Fund of Ukraine. Often, the branches can shade the neighboring plot and shed leaves and fruits on it.
In this case, the neighbors decide whether it is possible to cut down the neighbor's branches themselves.
If tree roots or branches from an adjacent plot penetrate another, the land user or owner of that plot may cut down these branches or roots, but only if such penetration prevents the plot from being used for its intended purpose.
What should be the distance from the tree to the fence?
In addition, it is worth paying attention to some standards:
- the distance from the border of the adjacent plot to the trunk of a tree whose height is over 3 meters must be at least 4 meters;
- The distance from the border of the adjacent plot to the trunk of a tree of medium height (up to 3 meters) must be at least 2 meters.
If these standards are violated, then you can cut off a branch of a neighbor's tree, for example, the branches of a neighbor's tree shade your flower beds or litter the area, but if the tree dies as a result of your intervention, you will have reasonable claims against it.
Important! Before cutting branches in this way, it is worth settling this issue with your neighbor and sending him a registered letter with a notification of delivery with a demand to eliminate the violation. If the neighbor does not take any action at your request, and the tree branches are an obstacle to using your land plot for its intended purpose, then you have the right to cut these branches.
Is it possible to register land near a river in Ukraine?
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In Ukraine, there are many restrictions on the privatization of land, including public land, under railways, roads, objects of the nature reserve fund, water fund, etc.
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Water fund lands are provided for permanent use to water management organizations and other enterprises with relevant specialized services.