"If you believe 'This is my land, I can do whatever I want in my own land...' it's crucial to consider the legalities first. Owning land indeed grants you certain freedoms, but there are legal boundaries to be mindful of, especially concerning property lines and neighborly relations.
When a tree on your property has branches extending beyond your property line, the situation requires careful handling under the Civil and Commercial Code. Specifically, it outlines that a landowner is responsible for removing any tree roots encroaching on adjacent land. However, when it comes to overhanging branches, the procedure involves informing the tree's owner before taking any action. If there's no response, the landowner has the right to trim these branches.
This legal framework emphasizes communication between neighbors to resolve issues amicably. Should the tree's owner fail to act after being notified, the affected party is entitled to trim the encroaching branches and may seek compensation as outlined in the law.
Moreover, the law provides a unique perspective on the ownership of fruits from such trees. Fruits that fall naturally onto adjoining land are considered the property of that land. However, picking fruits directly from a tree that crosses property lines without permission could be deemed an offense, subject to legal penalties.
This guidance, sourced from the Ministry of Justice's official website, underscores the importance of understanding your rights and responsibilities as a landowner. It's a reminder that property ownership comes with both freedoms and obligations, especially in maintaining harmonious relationships with your neighbors."
Credit: News & Announcement, Ministry of Justice official website