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URBAN TREES
Our next door neighbour's trees are growing next our joint wall and are extremely high. They obscure light from Our garden and sway terribly in the wind. I know there is a commune law as to how high trees in private gardens are allowed to reach but cannot find the exact answer. Anyone has an idea? We are in Ixelles.
Cheers
According to the Royal Belgian Notaries Federation, there are no specific rules about tree height, unless it's next to a street, in which case branches below 2m50 must be pruned.
You are entitled to ask for overhanging branches to be trimmed. If the neighbour does not co-operate, a justice of the peace can intervene.
The judge will have to weigh up the right to enjoy a sunny garden against the right to grow a tree. Their ruling may impose a height restriction going forward.
If the tree was planted less than two metres from the boundary, it is in breach and you can apply for it to be chopped down. There's an exception if the tree has been there for more than 30 years, in which case it is protected.
It is illegal to trim any overhanging branches yourself without prior agreement or a court order, according to the notaires federation.
https://www.notaire.be/acheter-louer-emprunter/1.-vente-ou-achat-de-gre-...
Hi mumsile have you had a friendly chat to your neighbour? Maybe they don't know that there's an issue for you. Now the time to ask them to do the work whilst the trees are going out of leaf.
Whilst I recognise you do have rights, it's always better to have a friendly chat first before threatening the law.
Also maybe worth a call to your commune to ask if the trees are protected. Plus what the exact rule they enforce is rather than masking people here.
I was under the impression that hedges should not exceed 1m and trees shouldn't be too close to boundary. I think again1m. Paul could be correct.
Good luck
Notwithstanding the national guidelines, every commune has their own rules, urban areas will have different rules to rural areas for example. The people to talk to are the "Service de l'Urbanisme et de l'Environnement" at Ixelles commune.
http://www.ixelles.be/site/81-Service-de-l-Urbanisme-et-de-l-Environnement
@CC_R
My hedges are still well over 1m and I lowered them by a third after we moved in. The same applies to my neighbours on both sides as well as many others in the area.
I also have a couple of trees within1m of the boundary and, again, so do neighbours.
It's quite possible that the basic rules vary in different areas and certainly that you will get away with ignoring the rules so long as no-one complains.
