Can the branches of a neighbor's tree be cut if they grow over your site? We answer the question

Neighborhood wars arise for a variety of reasons, and one of them is trees, which strive to spread their branches to someone else's land. They can shade the area, as well as "litter" with fruits and leaves. What to do in this case? Can they be cut down without asking, or do you need to go to court? Read on for more details. Do not forget to like and subscribe to the channel - we have useful content!

What the regulations say

The rules of the joint venture 53.13330.2011 read:

• the distance from the border of the adjacent area to the trunk of a medium-sized tree (a plant whose height does not exceed 3 meters) must be at least two meters;
• the distance from the border of the adjacent site to the trunk of a tall tree (plants over 3 meters) must be at least four meters.

What can be done

Neighboring branches over your site is a violation of property rights. They can shade and clog the beds, and pose a threat of collapse. Branches hanging over your territory can be cut down or removed in another way, for example, using an ax or pruning shears.

A fly in the ointment

You can saw the neighboring branches, but if the tree dies as a result of your intervention, the claims will already be against you. This will be considered property damage. For such an act, they can be brought to administrative responsibility under Article 1064 of the Civil Code of the Russian Federation. But this, of course, still needs to be proved ...

Conclusion: small branches, the removal of which will not harm the tree - you can cut it safely; large, cutting of which can lead to the death of the plant, in the heat of the moment "chop" is not worth it. Before that, you need to play it safe against possible consequences.

How to fix the problem without consequences for yourself

It is better to address this requirement directly to the neighbor. If the neighbor is conflicted, then it would be more correct to do it in writing. The appeal should be sent by registered mail via mail. This is necessary so that you have a notification of receipt of the letter in your hands.

In the letter, you need to demand from the owner of the adjacent site to eliminate the violation, and also indicate the date by which date he should cut down the branches that interfere with you. The optimal period is one month from the date of receipt of the letter.

Do not hesitate to demand this, because his duties, as well as yours, include: to ensure that large plants, namely trees and shrubs, do not go beyond the site.

If the neighbor does not take any action on your demand, then you can cut the branches and are not afraid that if the tree dies, you will be brought to administrative responsibility. If you inform your neighbor in advance and in writing about your decision to cut down the branches, then in the event of the death of the tree, the responsibility will fall on him. The principle of mutual fulfillment of rights and obligations will operate here.

If you do not want to "get your hands dirty" about this case, you can go to court. If the territory of the dispute is located in SNT, then you should contact the board of the partnership with a request to oblige your neighbor to cut down the branches of the tree that interfere with you.

But the best option is to resolve the issue peacefully. It should be understood that courts or meetings in SNT will take time and wasted nerves. And the trial will also require money. It is better to explain to the conflicting neighbor at once the not very bright prospect of the proceedings.

Have you encountered a similar problem? Write in the comments how you solved it.

Friends, there are already more than 75 thousand of us! Like, subscribe to the channel, share the publication - we are workingso that you receive useful and relevant information!

Read also:

• 3 reasons why I gave up buying a frame house: honest review.
• The future has already arrived! A selection of dacha construction humor.

Watch the video - Renovation of a 60-year-old home: how a creative young couple gave the building a second life.