Spruce on the border

Question: fir on the border

The neighbor has grown a classic Christmas fir attached to the border wall (1.50 m high), which, in less than a year, has risen 20 meters, removing the light from my kitchen and the neighbor's, located on the floor. apart from the fact that tall trees must be placed three meters from the border and that the law prohibits removing the light, but the fir is also not dangerous for crash falls (as I read in Vs. answer) The plant, on the owner's side, has three meters of land (after there is a tiled path), but on our side, OUR BRICKING STARTS from the wall and after ONLY 2 METERS THE FLOOR OF OUR KITCHENS !! I would also like to know if the ROOTS, so lacking in space, can SPLIT the FLOORING.

Spruce on the border: Answer: spruce on the border

Dear Laura, we welcome you to the questions and answers section of our website, the section of the website dedicated to questions from our users.

The spruce (Picea abies) is a conifer typical of the mountain area of ​​the Alps and is mainly used as a Christmas tree. The roots of this plant are collated and superficial and for this reason the spruce is often subject to crashes, as can be seen in natural populations subject to exceptional atmospheric events (storms, strong winds, etc.).

As an ornamental plant, or as a plant used to beautify the environment of parks and gardens, despite its beauty it is not recommended in the vicinity of houses and buildings due to its susceptibility to falling. Especially in an urban environment, when these plants are placed near buildings and structures such as roads, sidewalks or whatever, the roots are subject to continuous stress such as cutting and breaking due to tillage and soil handling with machinery (bulldozers, augers and more). For this reason the plants can decrease their stability and not withstand the days of bad weather and strong wind. As for the question of the tiles, not knowing the house and not having seen the context described by you, we cannot say with certainty that your cobblestones will face problems but this is not unlikely. The shallow roots of plants such as spruce, maritime pine etc. they can cause severe damage to the pavement in the vicinity of them.

If we can afford to give you some advice, if you wish to have two unquestionable opinions on this situation, you should contact a professional agronomist and an expert in law, who after a thorough inspection will be able to give their opinion, reliable and valid, on this problem.

The garden, fighting zone - when neighbors fight over plants

Plants are the most common reason for quarrels between neighbors. One lets the trees grow out of all proportion, the other lets blackberries spontaneously proliferate across the border. And what for neighbor A is a beautiful natural lawn, for neighbor B is a threat to his lawn. What to do if the neighbor overdoes his garden?

  • The garden is a real combat zone. In Switzerland, neighbors argue more frequently over plants.

    © 2018 Edition Beobachter, Zurich

    The content of these recommendations has been licensed to RaiffeisenCasa for the purpose of online publication.

    Examples of situations

    If large quantities of leaves, needles, twigs, pine cones, fruits, seeds and dripping resin fall on your property and cause you more work, you must in principle tolerate it. Only if this quantity of leaves and twigs exceeds the usual local level or the immissions actually cause damage, your neighbor may be required to remedy it. Neighbors are in fact only obliged to refrain from excessive inputs on surrounding land. According to article 684 of the CC, anything that is not excessive is allowed. (Fact sheet: When is an entry excessive? (PDF, 46.5KB)).

    ! Attention

    Even if your situation is very similar to that of Mr. D., that does not mean that you too will be right in court. Courts have a wide margin of discretion when it comes to whether an entry should be classified as excessive or not. Furthermore, the same harassment that would be excessive in a city neighborhood can be considered tolerable in a village.

    Not only can the plant elements that fall into excess on your property be an input - the deprivation of sun, light or sight (negative input) also falls into this case. However, this is considered excessive only in exceptional cases.

    If the branches protrude from the neighboring garden on your property and the neighbor refuses to prune his tree, you have in certain circumstances a right to pruning. However, that doesn't mean you can simply saw off the branches at the border. You must respect the rules (Fact sheet: Right to pruning, correctly applied (PDF, 39.5KB)).

    If branches or bushes from your neighbor's garden proliferate on your bottom, under certain circumstances, you have the right to prune them.

    → Good to know

    If, for example, the protruding branches come from a plum tree, you have the right to harvest. You can then pick and eat the plums. In the canton of Neuchâtel there is an exception, for which only fallen fruit can be harvested. And in the canton of Appenzell Innerrhoden there is no right to collect.

    In assessing whether plants are to be tolerated or not, they play an important role cantonal distance regulations (Factsheet: Cantonal plant distance regulations (PDF, 42KB)). If these provisions are respected, it is mostly difficult to do something against the plants. However, if your neighbor plants a new tree too close to the border, you can request its removal - even without demonstrating excessive input. However, you must react quickly before any limitation period expires. This period varies from canton to canton in the canton of Zurich, for example, it is five years, in the canton of Uri one year for shrubs and five years for trees, in the canton of Solothurn it is three years. In most cantons, the provisions on distance and the statute of limitations are contained in the introductory law of the CC (LI CC).

    ✓ Tip

    Seek constructive dialogue with your neighbor - before threatening him with the court. Leave no stone unturned to resolve the issue by consensus. You will probably live next to him for many years to come. You will find valuable support from mediators and mediators (Flat ownership: quarrels with neighbors? Mediation fact sheet). In the factsheet Possible legal actions (PDF, 42KB) you can see what actions are possible when nothing helps.

    Here's what the law says

    According to the law, there is aimportant premise to do.

    The neighbor may be forced to bear half of the expenses necessary for the construction of the boundary wall. In order for this provision to be applied, however, the actual presence of a dividing wall between houses, courtyards and gardens of two neighboring lots, or the contiguity of the same buildings, is necessary.

    The article of the law does not apply to fences that cannot be considered a wall in the strict sense. What is meant specifically? That a wall that reaches a height of three meters thanks to the installation of a metal mesh on it cannot be considered a wall.

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