My neighbour’s trees are blocking my view

A beautiful and unobstructed view is something many potential property purchasers are seeking when buying their dream home in Spain. Their main concern which is transmitted for legal clearance to the solicitor involved in the property purchase is what can the next door neighbour build. What is the maximum height any potential building can reach on the neighbouring plot? The solicitor will under normal circumstances conduct a search in the local Town Plan or will recommend his client to contract an Architect to do so.

With the outcome of the searches they will take a decision to buy the property if their main concern has been done away with. The property is acquired and the purchasers start to enjoy the beauty of the scenery they have beyond their boundary. Suddenly, the silent neighbour decides to plant some trees close to their boundary. The trees are small and they go unnoticed when planted. However, some species can grow above 50 cm a year which means that in a few years they can reach a considerable height as to be of concern for the precautious property purchaser. The latter starts to feel unrest when realising that the trees may eventually block their view and come back to his solicitor. What can I do if these trees reach a height that will block my beautiful view? Obviously, some may have the temptation to put them to sleep. However, they may be shocked with the fines they may face if spotted. So, this would never be a recommended course of action.

Surprisingly enough, the Spanish Civil Code applicable since its publication in 1889 does not contain any article referring to limitation to the height of a tree. Perhaps the ancient law maker was already green orientated. There is only one article which deals with trees between neighbouring plots and according to this no one can plant trees near to a neighbouring boundary but within the distance the local regulations or the custom so allow and failing these, within 2 metres from the dividing boundary of the properties if the plantation is of high trees or 50 centimetres if the plantation is of low trees or bushes. Any owner is entitled to demand that any trees planted not respecting the said minimum distance from his property, be cut down.

This article by itself does not resolve the problem of the height of the trees but the distance these can be planted from the boundary and one has to resort to the precedents of the court on this subject. The precedents analyses the problem raised when the next door neighbour’s trees are blocking the entrance of air and light to the adjacent property and refer to the local regulations and customs to see whether there is any different distance than that foreseen in the Civil Code. The precedents also refer to what kind of trees are considered bushes, the majority of which come to the conclusion that the Cyprus trees and any other species which serve as a dividing hedge is considered as a low tree or bushes although they may reach a considerable height, therefore the distance allowed for these to be planted is 50 centimetres from the boundary unless the local regulations or customs allow a different distance.

Therefore, the first thing one can do to verify what is the allowable distance is to go to the Local Council and enquire as to whether there is any local regulation dealing with this subject. In my experience, the only reference which is made to height of trees is in the building regulations affecting the height of boundary walls. These allow certain height of blind wall and the rest can be filled up with a vegetable screen. Some judgements are accepting that the excess from the allowable height of the vegetable screen has to be cut down if the neighbour so demand. Another thing one should do is to make enquiries to the local residents if there is any local custom with a different distance than that foreseen in the Civil Code.

As conclusion, if the trees are high and closer than 2 metres from the boundary or any other distance provided for in the local regulations or customs the owner affected can demand that the trees are cut down. If the trees are low or bushes and they are within 50 centimetres from the boundary nothing can be done with the height unless there is a local regulation or custom which limits the heights of dividing walls in which part of same is composed by a hedge. In the latter case the excess can be demanded to be cut down. However, if the trees are high and are beyond the 2 metre or any other distance foreseen in the local regulations or customs from the boundary one has to put up with it as nothing can be done irrespective of their height. As mentioned before, the law maker had a clear green orientation an anticipated the main policies which are now being demanded not only locally but from the UE regarding protection of the nature and flora as part of a sustainable and adequate environment.

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution.

My neighbour’s trees are blocking my view

The aim of Rafael Berdaguer Abogados is to assist clients in their needs from a legal and fiscal viewpoint both in Spain and throughout the world.

CONTACT INFORMATION

FROM OUR BLOG