Projecting trees.

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This topic contains 19 replies, has 8 voices, and was last updated by Profile photo of Arthur Stuttard Arthur Stuttard 9 years, 7 months ago.

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  • #52771
    Profile photo of Arthur Stuttard
    Arthur Stuttard
    Participant

    My neighbour has planted pepper trees very close to our boundary walls. They now project over our land and drop their leaves throughout the year. They block our drains and contaminate our pool. Our neighbour refuses to da anything about them. What can we do?

  • #70593
    Profile photo of Anonymous
    Anonymous
    Participant

    Get a packet of copper nails and hammer them in to the trunks. They will last about another 4 months.

    Or were you wanting legal advice?

  • #70595
    Profile photo of Anonymous
    Anonymous
    Participant

    Get a packet of copper nails and hammer them in to the trunks. They will last about another 4 months.

    Or were you wanting legal advice?

    😆

    In the UK you can cut off branches that overhang your boundary from a neighbouring property. You must however, give the cut offs back to the owner.! Does this apply in Spain?

  • #70610
    Profile photo of Anonymous
    Anonymous
    Participant

    If civilised/neigbourly behaviour does not work and the legal system is ancient . I am afraid then certain chemicals should take carwe of the problems for a few years to come.

  • #70611
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    Anonymous
    Participant

    Ouch!…….but I like it. 😀

    As you say Shakeel, “if civilised/neigbourly behaviour does not work…”.

  • #70613
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    Anonymous
    Participant

    @arthur wrote:

    My neighbour has planted pepper trees very close to our boundary walls. They now project over our land and drop their leaves throughout the year. They block our drains and contaminate our pool. Our neighbour refuses to da anything about them. What can we do?

    Don’t be so hard on the tree, it’s quite normal for leaves to drop. You think you have it hard think of all your friends back in the Uk who get delayed when the fall on the train lines.

    Shouldn’t you have left these type of disputes back in the UK when you came to Spain? Chill man!

    Ian

  • #70615
    Profile photo of katy
    katy
    Spectator

    So Ian are you saying that when in spain put up with all the shit because thats what it sounds like 🙁

  • #70616
    Profile photo of Anonymous
    Anonymous
    Participant

    Ian – I don’t suppose your infinity swimming pool has this problem in your 2 million plus euro villa that you have for sale. No close neighbours and not a tree in sight according to the picture.

    Isn’t this a case of “I’m alright Jack” and everyone else shouldn’t moan re. a problem that you don’t have?
    How would you like a load of leaves dumped in your pool everyday? I’ve experienced this problem with a neighbour and I can tell you it really drives you bonkers.

    “Chill Man!” ???? – Tell you what. I’ll happily come and dump a load of leaves in your nice infinity pool, and see how chilled you feel while you’re fishing them out. 😆

  • #70621
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    Anonymous
    Participant

    As I said before the solution is really simple. Get some copper nails and hammer them into the bark of the trees. Within four months they will not be producing any more leaves.

    Its a bit drastic but better than chemicals

    And perhaps in future your neighbour will listen when you have a complaint.

    HOWEVER

    You may just spark off a war so I would be very careful how you proceed.

    Even Spanish neighbours can be unreasonable. Mine once complained to the police about the loud music coming off my terrace. Incredible really because at that time I didn’t have a music system set up and couldn’t play music at all. All we were doing was talking (barely above a whisper)

    We have since resolved our differences (which came about when she needed a favour from me and not being the vindictive kind I agreed). However for two years she and her hubby would ignore me. I just kept smiling and saying hello never stooped to their level.

    But some may go further and all out was can break out – so just be careful – but equally don’t put up with crap whether you are in Spain or UK, it is your life as well.

  • #70638
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    Anonymous
    Participant

    @charlie wrote:

    Ian – I don’t suppose your infinity swimming pool has this problem in your 2 million plus euro villa that you have for sale. No close neighbours and not a tree in sight according to the picture.

    If only it was mine, it’s a family members to put the record straight.

    @charlie wrote:

    “Chill Man!” ???? – Tell you what. I’ll happily come and dump a load of leaves in your nice infinity pool, and see how chilled you feel while you’re fishing them out. 😆

    Hmm that’s if you get past the armed snippers on the roof, dobermans, electric fence and killer rabbits! 😆 😆

    What I was saying is the same as vbtudor. We all put up with lots of stuff here in Spain and should deal with in a civilised manor and don’t let it get you down.

    Ian

  • #70640
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    Anonymous
    Participant

    @arthur wrote:

    They block our drains and contaminate our pool. Our neighbour refuses to da anything about them. What can we do?

    I think Ian that Arthur was seeking advice re. his legal rights.
    To be just be told to ‘chill’ 8) as though he’s making an unnecessary fuss was not really a constructive reply.

    “What I was saying is the same as vbtudor”.

    Come on, you ‘legal eagles’ – any of you know how the law stands over this in Spain?

  • #70644
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    Anonymous
    Participant

    @charlie wrote:

    I think Ian that Arthur was seeking advice re. his legal rights. To be just be told to ‘chill’ 8) as though he’s making an unnecessary fuss was not really a constructive reply.

    So 4 rusty nails is a constructive reply????

    May be I should I given him Dyno Rod’s contact details then!

    Enjoy your Easter egg’s

    Ian

  • #70646
    Profile photo of Anonymous
    Anonymous
    Participant

    @ian_ok wrote:

    So 4 rusty nails is a constructive reply????
    May be I should I given him Dyno Rod’s contact details then!

    Copper nails, Ian……Vince has class! 😆

    Re. Dyno Rod – now you’re getting the idea……

    Enjoy your Easter Eggs too, Ian – (wish chocolate and wine didn’t make you feel sick – it’s always an Easter dilemma! 😉 )

  • #70647
    Profile photo of Anonymous
    Anonymous
    Participant

    On the legal side…(I’m not a lawyer) but a client of ours did take someone Spanish to court after he got bit by their dog.

    In court the guy turned round and said I don’t own any dogs and that was that.

    Am sure there is some legal e’s but do try diplomacy first as you are living there and you don’t want it to escalate and make it hell (if it’s not already?)

    Ian

  • #70650
    Profile photo of Anonymous
    Anonymous
    Participant

    Nah Rusty nails are no good they have to be copper. It is a chemical reaction between the copper and the tree itself which kills the tree.

    Not a solution for the environmentally friendly, but for the neighbour unfriendly could be a last resort.

    I would still try and resolve the issue with a bit of tact and diplomacy first but if all else fails get to that hardware store.

    Vince

  • #70669
    Profile photo of Anonymous
    Anonymous
    Participant

    The Codigo Civil, articulos 552-593 covers “servidumbres” and articulos 591 & 592 are about the distances etc of trees etc from boundaries. They say that:
    …las distancias minimas que se han de guardar respecto de las fincas ajenas, dejando salvo lo establecido según la costumbre del lugar o las ordenanzas municipales aplicables. Estas distancias serán de dos metros para el caso de árboles altos y cincuenta centimétros para el caso de arbustos y árboles bajos, siempre que las ordenanzas que en su caso sean de aplicacíon no establezcan otras distancias.
    Lo anterior implica que el dueno de la finca colindante puede cortar las raíces del árbol del vecino que se introduzcan en su finca; y en el caso de que las ramas del árbol vecino se extendan sobre su propriedad, puede reclamar que se cortan.

  • #70673
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    Anonymous
    Participant

    Well done Hillybilly for finding the legislation on this.

    Rough translation by Google:

    The Civil Code, articles 552-593 covers “590 servitudes” and I articulate is about the distances etc of trees etc from boundaries. It states that “the minimum ranges that are had to keep respect to the other people’s property, leaving except for established according to the custom of the place or applicable municipal ordinances. These distances will be of two meters for the case of high trees and fifty centimeters for the case of shrubs and low trees, whenever the decrees that in their case are of application do not establish other distances. The previous thing implies that the dueno (owner) of the adjacent property can cut the roots of the tree of the neighbor that are introduced in their property; and in case the branches of the neighboring tree are extendan on their propriedad, it can protest that they are cut. “

  • #70772
    Profile photo of Arthur Stuttard
    Arthur Stuttard
    Participant

    I have put up with the situation for 10 years. The trees are a bit difficult to get at with hammer and nails. I would prefer a legal solution.

    Arthur

  • #70780
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    Anonymous
    Participant

    As it looks like the law is on your side as per Hillybilly’s post, why don’t you now ask your lawyer to deal with it via the legal channels?

    I assume you haven’t got anywhere in 10 years using politeness/courtesy with your neighbour.

  • #71124
    Profile photo of Arthur Stuttard
    Arthur Stuttard
    Participant

    You assume correctly. My neighbour is an Englishman, like Ian , but worse.

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