My neighbour's tree hangs over my garden. Can I cut the branches back, and can I take the fruit?
In short
It depends. First ask your neighbour to cut the branches back. If they have not done so within 60 days of a registered letter, you can cut back the branches and roots yourself.
Video transcript
Branches from your neighbour's tree hang over your garden. You want to grab a saw and cut them right away. It depends: First ask your neighbour to cut them. If they don't within 60 days of a registered letter, you can cut them yourself. The right way: Send a registered letter and wait 60 days. Fruit that falls into your garden by itself is yours; don't pick it from the branch. Consequences: Fine: None; Cut without waiting: Neighbour can claim; Cut after 60 days: Neighbour pays the cost.
What is not allowed, what is required?
- For overhanging branches and roots that cross the boundary, Article 3.134 of Book 3 of the new Civil Code applies (since 2021).
- Write to your neighbour by registered letter (aangetekende zending / envoi recommandé). If they have not cut them back within 60 days, you can cut the branches yourself. Your neighbour pays the costs.
- You can keep the branches and roots you cut off. But you are responsible for any damage you do to the tree while cutting.
- Fruit that falls into your garden of its own accord is yours. Do not pick fruit from the branches; the law does not give you that right.
- You can always ask your neighbour to cut the branches back; this right does not lapse over time. But a judge can refuse the request if it amounts to an abuse of rights.
Penalty and indirect consequences
- Fine / payment
- No fine. This is a matter of civil law (neighbour law).
Legal basis:BW Boek 3, art. 3.134
- Court / prison
- No prison sentence. If there is a dispute, the justice of the peace (vredegerecht / justice de paix) decides.
Legal basis:Ger.W. art. 591, 3°
What really matters: the indirect consequences
- If you cut them without waiting 60 days and without notice, your neighbour can claim compensation
Legal basis:BW Boek 3, art. 3.134
- If you damage the tree, you pay for the damage
Legal basis:BW Boek 6, art. 6.5
- For protected trees you may also need a permit from the municipality; ask the municipality first
Legal basis:VCRO, art. 4.2.1, 3°
What do these terms mean?
- Justice of the peace
- The local court in every canton for everyday disputes such as neighbour conflicts, rent and small debts. It first tries to reconcile the parties.
Why does this rule exist?
The rule protects both sides. You can enjoy your garden in peace, and your neighbour's tree is protected from careless cutting. The 60-day period gives your neighbour a chance to do the work themselves.
Where can you go?
- Neighbourhood mediationA free service of the municipality (buurtbemiddeling / médiation de quartier)
- Neighbourhood police officerProblems that are not urgent (wijkagent / agent de quartier)
- MunicipalityPolice regulation, permits and appeals against a GAS fine
- Social interpreterAt the municipality, the OCMW/CPAS, school and hospital, you can ask for an interpreter in your language; it is often free.
This site does not handle individual cases; it points you to the right service. All help addresses
Source and reliability
Official source- Source check
- 12 / 12 statements in an official source
- Checked: 12.10.2026
- Last checked
- 12.10.2026
- Rules can change
Show the 12 checked statementsopen
- Found in an official source
Sarkan dal ve kökler: Medeni Kanun md. 3.134
Burgerlijk Wetboek Boek 3, art. 3.134 (Overhangende takken en wortels) - Found in an official source
3. Kitap 2021'de yürürlüğe girdi (BS'de yayımdan sonraki 18. ayın ilk günü; 1.9.2021)
Wet 4 februari 2020, art. 39 - Found in an official source
Taahhütlü mektuptan sonra 60 gün; komşu kesmezse kendiniz kesebilirsiniz, masraf ağaç sahibine
BW art. 3.134 - Found in an official source
Kesilen dal/kök size kalır; kesimde ağaca verilen zarar riski sizde
BW art. 3.134 - Found in an official source
Kendiliğinden düşen meyve komşu arazinin kullanıcısına aittir
BW art. 3.134 - Found in an official source
Kesilmesini isteme hakkı zamanaşımıyla kaybolmaz; hakkın kötüye kullanılması istisnası
BW art. 3.134 - Found in an official source
Anlaşmazlığa sulh mahkemesi bakar (komşulara yasanın yüklediği ödevler)
Rechtbanken en tribunalen – Vredegerecht - Found in an official source
Sarkan dal kuralı medeni hukuk kuralıdır; yaptırımı kesme hakkı ve masraf, para cezası yok
BW Boek 3, art. 3.134 - Found in an official source
Komşu sınır anlaşmazlıklarında sulh hâkimi yetkilidir
Ger.W. art. 591, 3° - Found in an official source
Komşu ancak taahhütlü ihtardan 60 gün sonra kendisi kesebilir; kurala uymazsa tazminat riski
BW Boek 3, art. 3.134 - Found in an official source
Ağaca kusurla zarar veren tazminat öder
BW Boek 6, art. 6.5 - Found in an official source
Flandre'da belirli büyüklükte ağaç kesmek izne tabidir
VCRO, art. 4.2.1, 3°
The checked statements are in Turkish, as in the source text. This check does not replace legal advice.
General information, not legal advice. For your own situation, ask a lawyer or free legal aid. How was this information prepared?