Minimum Distances for Planting Trees Near the Boundary with a Neighboring Property

Restrictions on ownership constitute specific prohibitions on carrying out certain actions addressed to the owner of a given property. One such restriction of property rights is the prohibition on planting trees near the boundary line of a neighboring property. This restriction is set out in Article 52 of the Property Act.

Its regulation is driven by the need to prevent interference with neighboring properties when trees are planted and subsequently grow, whether through their canopy, root systems, or otherwise. The prohibition introduced by Article 52 of the Property Act is mandatory and establishes clear minimum distances from the boundary line, namely: 3 meters for tall trees, 1.5 meters for medium-height trees, and 1 meter for low trees.

The classification of trees as tall, medium, or low is determined in Article 94(2) of Ordinance No. 7 of 22 December 2003 on the rules and standards for the development of different types of territories and zoning areas. The relevant provisions state as follows:

PROPERTY ACT

Article 52 (amended, SG No. 54/1974, No. 36/1979, No. 33/1996)

It is not permitted to plant trees at a distance from a neighboring property of less than 3 meters for tall trees, 1.5 meters for medium-height trees, and 1 meter for low trees. The neighbor may request permission from the mayor of the municipality, district, or mayoralty to have branches that extend over their property and roots that penetrate into their property cut off. Under the same procedure, the neighbor may request the relocation of trees planted at distances smaller than those specified above.

ORDINANCE No. 7 OF 22 DECEMBER 2003 ON RULES AND STANDARDS FOR SPATIAL DEVELOPMENT OF DIFFERENT TYPES OF TERRITORIES AND ZONING AREAS

Article 94

(1) Properties may be enclosed in accordance with Article 48 of the Spatial Development Act.

(2) Landscaping is an integral part of the development of each land property. Taking into account sanitary-hygienic conditions and sunlight requirements, the following minimum distances of ornamental and fruit plantings from the boundaries of neighboring properties are recommended:

– for low trees (up to 2.5 m in height) – 1.0 m from the boundary;

– for medium-height trees (up to 5.0 m in height) – 1.5 m from the boundary;

– for tall trees (over 5.0 m in height) – 3.0 m from the boundary.

(3) Along internal regulatory boundaries between neighboring properties, live hedges up to 1.20 m in height are recommended.

Tall trees (over 5.0 m) include walnut, chestnut, oak, pine, plane trees, and similar species. Medium-height trees (up to 5.0 m) include pear, apple, cherry, and fruit trees in general. Low trees (up to 2.5 m) include vines, hedges, and low-stem fruit trees not exceeding 2.5 meters in height.

The height of a tree is determined by its potential maximum height according to its species, not by its current condition at the time of planting or during legal proceedings. Distances are measured from the center of the tree, as this point does not change.

The prohibition under Article 52 of the Property Act applies only to trees. It does not extend to shrubs or other non-woody vegetation. There are no restrictions on planting shrubs, grasses, or vegetable crops near the boundary line.

It should be noted that it is irrelevant who planted the tree – a previous owner, a current owner, or a user. If the owner tolerates the presence of the tree, they are considered to be in breach of Article 52 of the Property Act. The owner bears responsibility, as under Article 92 of the Property Act, the owner of the land is also the owner of everything permanently attached to it.

Where a neighbor has violated the statutory minimum distances, the affected owner has two independent avenues of protection – administrative and civil.

The administrative route is exercised by submitting a written request to the mayor of the municipality, district, or mayoralty. Under Article 52 of the Property Act, the affected owner may request permission to remove branches extending over their property and roots entering it. Under the same procedure, they may also request the relocation of trees planted at distances smaller than those prescribed.

The civil route is pursued by filing a claim before the court. This claim is known as a negatory action under Article 109 of the Property Act. Through this action, the owner may seek cessation of any unjustified action or omission that interferes with the exercise of their property rights. If the claim is upheld, the court will order the defendant to eliminate the infringement, including by removing branches extending into the claimant’s property or by relocating trees planted in violation of the required distances.