Neighbourhood law trees

What does the neighbourhood law say about trees?

It is subsequent laws which regulates disputes about trees. The Neighbourhood Act is also called the grannelova.

The Neighbourhood Act can be used to remove or prune trees that are on your neighbour's property, or to prevent your neighbour from cutting down or pruning trees that are on your property.

In order for the Neighbourhood Act to apply, it is required that the tree or trees cause damage or particular inconvenience.

What is an injury?

For example, damage could be that plants on your property die due to low sunlight caused by your neighbour's trees.

What is a particular disadvantage?

A particular inconvenience may be that your neighbour's tree is stealing views from your property, that it is shading your patio or that the tree is in danger of falling on your property.

When can I demand my neighbour's tree be removed?

If your neighbour's tree is closer than 1/3 of the tree's height, you can demand that it be removed or pruned. This means that you can, for example, ask your neighbour to remove or prune a tree that is nine metres high if it is closer than three metres.

It's not the distance to the boundary that's decisive here, but the distance to your garden, yard or house. However, if you live in a residential neighbourhood, the distance to the boundary will in practice be decisive because your garden begins on your side of the fence.

When can I not demand my neighbour's tree be removed?

If the tree has a special utility value for the owner, you cannot demand that it be removed, even if it is closer than 1/3 of the tree's height. Examples of this could be that the tree has sentimental value, that it is important for biodiversity or that it protects against visibility.

This is based on a discretionary assessment that weighs up the benefits for the tree's owner against the disadvantages for the neighbour. Often this judgement must be decided in court.

Read more about neighbourhood law and views here.

Can I cut branches that protrude into my property?

The main rule in the Neighbourhood Act is that trees, branches and roots that grow onto a neighbour's property can be cut down if they cause damage or inconvenience. This only applies if the neighbour has been given the opportunity to cut or prune their tree first. If this is not done, it is important that you send a neighbour notification before you cut or prune your neighbour's tree.

How do I proceed in a neighbour dispute about trees?

The easiest way to prevent neighbour conflicts is to raise the problem with the neighbour in a polite manner. If this does not lead to a solution, it is important that further dialogue takes place in writing. This should clearly state what you are complaining about. If this does not lead to a solution, you should contact a lawyer who is an expert in neighbour disputes about trees.

Can I take matters into my own hands?

Answer. Cutting down or trimming your neighbour's tree without an agreement or court order is considered vandalism in the same way as vandalism. It can cost you high compensation amounts, legal costs and, in the worst case, imprisonment.

Do I need a lawyer?

It is not always easy to determine what constitutes damage or a particular inconvenience on your own. It will also be challenging if the neighbour is difficult to communicate with. It may make sense to contact a lawyer who is an expert in neighbour conflicts, such as Jørgen Bugge.

Do I have to pay for a lawyer myself?

In the event of a neighbour dispute, your home insurance or house insurance will normally have a legal expenses insurance. This covers your legal expenses up to NOK 100,000 in the event of a dispute about trees. You will have to cover the deductible for the insurance as well as any legal fees in excess of this amount yourself.

Why should I choose Advokatfirmaet Halvorsen & Co?

For almost 30 years, we have assisted many clients in property disputes. Our lawyers have extensive experience and are experts in neighbour law.

We always offer a free conversation about your case. Get in touch with us today.