Overhanging Branches & Roots From a Neighbour: Your Rights

Article 5:44, paragraph 1, Dutch Civil Code: if a neighbour's tree or shrub overhangs your property and, despite being given notice, the neighbour fails to remove it, you may cut off the overhanging part yourself and keep it. Giving notice is therefore a required step before you may act - without it, cutting on your own initiative is not permitted under this article.

Article 5:44, paragraph 2, gives a broader right: roots growing from a neighbour's property into yours may be cut through directly, up to the boundary line, without prior notice - and you may keep them. No notice procedure is required for roots, unlike for branches.

1. Give written notice - preferably by registered post, so you can prove you informed your neighbour and by when.
2. Allow a reasonable period - in practice around 6 weeks is considered reasonable for large trees, taking the correct pruning season for that species into account.
3. If the neighbour does not respond within that period, you may cut off and keep the overhanging branches yourself.
4. Limitation: you may not cause disproportionate damage to the plant when pruning - that could be considered abuse of the right.

That is a different article: the planting distance of typically 2 metres for trees (and 0.5 m for hedges) is set out in article 5:42 of the Civil Code, and governs how close to the boundary something may be planted - see also our guide on fence rules and neighbour law. Article 5:44 on overhanging branches and roots applies independently of that: even if a tree is planted at the correct distance, you may still remove overhanging branches (after notice) or intruding roots (directly).