Shorouk Express
It’s common for trees and hedges to grow between terraced properties in residential complexes in Spain, but what happens if they start to become an issue? What does the law in Spain say about this?
If you live in the countryside in Spain or in a residential neighbourhoods on the outskirts of a city, chances are your property may be surrounded by hedges and trees.
Some of these may be the responsibility of a community of neighbours, while others will be your responsibility to maintain.
Often it can be tricky to know what the exact laws are around the outside of your property and garden, and you may even share a hedge between you and your neighbour, if for example you live in an adosado (terraced) or pareado (semi-detached) home.
So whose job is it to make sure this foliage is looked after?
Maybe you have an issue that your neighbour’s hedge (arbusto or seto) is encroaching onto your property or perhaps their tree (árbol) is bending into your garden and you’re worried about it falling down, what are the correct steps to take and what does the law say?
READ ALSO: Do I need a permit to put a shed or wooden hut in my garden in Spain?
We outline a number of different scenarios and what the rules are in each situation.
You have a fence between you and your neighbour’s properties, and want to plant a hedge as well for greater privacy
Firstly, this is totally allowed according to Spain’s Civil Code, and you do not to ask your permission to do so, but you must abide by certain rules. These rules change according to your municipality, but generally a distance of 50 cm must be left between the wall or fence and the hedge.
If not, your neighbour could ask for it to be removed. This is in order to avoid your hedge invading into your neighbour’s garden and their property. The same rule applies if you want to plant ivy along the fence or wall.
READ ALSO: How to get involved with urban gardens in Spain
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Your neighbour’s hedge is growing onto your plot
What happens if your neighbour’s hedge is getting so out of control that it’s growing into your garden and you’re losing sunlight and space? Whose reasonability is it to maintain? The easy answer is that if the hedge is on your neighbour’s side then it’s theirs, they have to trim it and make sure it doesn’t grow onto your side.
The first step is to ask them to cut it, if they refuse then send them an official letter requesting them to do so. The final step is to get a lawyer involved if they continue to refuse. But, it’s important that your don’t trim it yourself, as this is breaking the law and could cause you more problems further down the line.
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The roots of my neighbour’s hedge or trees are growing into my property and destroying my pathways or decking
In this case, the Civil Code states that you are allowed to cut the roots because they are on your property. But it’s important to identify which are the main roots because if you cut these the hedge or tree could die and fall onto your property. If you are really unsure get a professional to help.
My neighbour’s hedge is too high and is blocking my view
In some cases, the neighbour’s hedge grows very tall and can block out not only your view but the sunlight. According to rulings from the Supreme Court in Spain, if the neighbour’s hedge exceeds 2.5 metres in height, it is classified as a tree and not a hedge.
In this case it must be at least 1.5 metres away from the boundary of your property. There is actually a minimum distance of 2.5 metres for tall trees 1.5 metres for short trees. Therefore, they cannot have a 2.5 metre hedge along the property boundary. If this is the case then you must follow the steps above and ask them to cut it, if this doesn’t work follow it up with an official letter and then get a lawyer to step in and help as a last resort.
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My neighbour has a tree in their garden which grows onto my property or is in danger of falling onto my property
The first step is to work out if the tree has been planted between 1.5 and 2.5 metres away from your property boundary depending on if it’s tall or short. As mentioned above you have the right to cut any roots that impinge on your property, but not the actual plant.
If the tree is causing you an issue or you believe it’s in danger of falling down, you must inform your neighbour and request that they cut it down or trim it back. Again follow the steps above to try and get a resolution if they refuse.
If it’s a tall tree, it’s important that they get professional help to help cut it down so as not to damage your property in the process, unless your neighbour knows what they’re doing.
READ ALSO: What are my rights in Spain when it comes to noisy neighbours?
