Planting trees next to a neighbor’s fence – what distance is safe?
Planting plants right next to a fence or on the border of plots is a common cause of conflicts between neighbors. What regulations need to be taken into account?
In the Polish mentality, historically shaped, among others, Due to the partitions and the difficult realities of the Polish People’s Republic, having your own piece of land is the highest symbol of status and independence, therefore any concession to “forgive” even an inch of land is subconsciously perceived as weakness. Hence the fierce conflicts “over the edge”.
Although Polish law does not specify a specific minimum distance at which trees or shrubs should be planted from the border of the neighbor’s plot, in practice there are several regulations that should be taken into account in advance.
Planted plants are a reason for arguments. Impact on the neighboring plot
Conflicts over vegetation are not just out of pure malice. Trees and bushes planted too close to the fence cause real problems. One of the most common is shading the property: tall thujas or walnut trees can completely block the sun in a neighbor’s garden, thus preventing the growth of planted plants.
Trees can also drastically reduce daylight access to rooms in a building on an adjacent plot.
Infrastructure may also suffer, because the growing roots of trees or shrubs can burst the foundation of a fence, and branches destroy fence panels. Moreover, falling leaves or fruit that land on someone else’s lawn or clog the gutters force the neighbor to clean up waste that is not theirs.
Activities that disturb the use of neighboring properties beyond the average level are the so-called immissions. And there is an article for this. 144 in the Civil Code.
A deadline for a neighbor. Plant roots are an exception in the law
Although you can plant a plant close to the fence, when its branches or roots cross the border and start to “wander” into the neighbor’s area, a legal problem immediately arises. Pursuant to Art. 150 of the Civil Code, the neighbor has the right to set a deadline for the plant owner to remove them, and if he fails to do so, the neighbor may cut off the passing branches or roots himself and keep them for himself.
But beware! This can only be done in the part of the plant that extends to the adjacent plot.
In the case of roots passing underground from a neighboring plot, you do not even need to set any deadline. They can be cut off as soon as they move to the adjacent area.
