When a neighbor’s tree leans over your fence or its roots extend into your garden, the Spanish Civil Code sets out a structure for resolving the dispute. The applicable rule depends on the tree’s distance from the boundary and the kind of encroachment, including overhanging branches, roots crossing onto your land, or vegetation on the dividing line.
Articles 591 to 593 set out the basic provisions. Under Article 591, planting distances are governed first by local ordinances and custom. If neither establishes a rule, trees must be at least two metres from the boundary, while shrubs and smaller plants must be at least 50 centimetres away. If the required distance is breached, an owner may demand removal; the provision does not authorize entering a neighbour’s land or removing the tree personally. The official consolidated text is published by Spain’s Boletín Oficial del Estado in the Código Civil.
Branches and Roots: Different Rights
Article 592 distinguishes between branches and roots. If branches extend over your property, you may require the tree’s owner to cut them back; the rule does not give you a general right to prune them yourself. If roots cross the boundary, you may cut them, but only within your own land. Neither provision authorizes you to enter the adjoining property or remove parts of a tree beyond your boundary.
Shared Hedges and Boundary Trees
Article 593 addresses trees and shrubs on the dividing line or forming part of a boundary hedge. Vegetation on the line is presumed to be jointly owned, and either owner may seek its removal subject to the rules governing shared property. A tree that serves as a boundary marker is treated differently: it cannot be removed unilaterally if doing so would compromise the identification of the property limits.
What Homeowners Should Check
Before taking action, establish the exact boundary and determine whether the tree stands on one parcel or on the dividing line. Check local ordinances and relevant custom first, because they take precedence over Article 591’s default distances. Other local or sector-specific rules may apply if there is damage or danger, or if protected-tree status or municipal permits are involved. In a dispute, a formal demand and, if necessary, civil proceedings may be the appropriate route instead of unilateral action.
The General Council of the Judiciary (Consejo General del Poder Judicial) provides a public portal for consulting Spanish judicial decisions. For the basic rules on planting distances and trees crossing boundaries, Articles 591 to 593 of the Código Civil remain the basic statutory provisions. The articles also cover shared boundary vegetation and marker trees. Knowing which rule applies can help property owners address a tree dispute without exceeding their legal rights.
