Trees, Branches and Roots on the Boundary Between Polish Properties

Your neighbour's old pear tree has been dropping fruit onto your lawn for years, the maple's branches are blocking light from your window, and the poplar's roots are lifting the paving on your driveway? This is one of the most common neighbour disputes in Poland, and Polish civil law gives a specific, if not widely known, answer. We explain who owns fruit that falls over the fence, when you can trim overhanging branches and roots yourself, and when you first need permission to fell a tree.

This guide is general legal information, not legal advice. Whether a particular tree crosses the boundary, whether a trim was proportionate, or whether felling permission is required depends on the individual facts and documentation. We do not guarantee the outcome of any neighbour dispute. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa is an information and coordination platform, not a law firm, and helps you organise the documents for that assessment.

Key points

• Fruit that falls naturally onto a neighbouring plot generally becomes the property of that plot's owner.
• You can trim your neighbour's roots and branches that cross onto your plot yourself, but usually only after giving your neighbour a deadline to remove them first.
• The cost of marking out and maintaining the boundary between plots is usually split equally between neighbours.
• Felling a tree on your own plot usually requires notifying the local municipal authority (gmina) or obtaining its permission, unless the situation falls within the statutory list of exceptions.
• Self-help has limits — a disproportionate trim of a neighbour's tree, especially one that damages it, can give rise to a claim for damages.
• Document the situation before you act — photos, measurements, the date you contacted your neighbour — because evidence is what decides a dispute.

Neighbour's branches and roots crossing the boundary

The legal basis is a provision of the Polish Civil Code on neighbour relations, which governs the situation where roots or branches from a tree on one plot cross into or overhang a neighbouring plot. The general rule applied in practice: the owner of the land over which a neighbour's branches overhang, or into which their roots intrude, may remove them themselves, but usually only after giving the neighbour a reasonable deadline to trim them voluntarily first.

Failing to give prior notice can, in a dispute, make it harder to rely on this right. So before you trim anything yourself, send your neighbour a written request (email or letter) describing the problem and giving a reasonable deadline to respond.

Who owns fruit that falls onto the neighbouring plot (Art. 148 KC)

This question comes up in almost every conversation about boundary trees. Under the general rule applied in Polish neighbour law, fruit that has fallen from a tree or shrub onto a neighbouring plot becomes a "fruit" (pożytek, i.e. a natural yield) of that plot, meaning it generally belongs to that plot's owner rather than the owner of the tree.

If apples from your neighbour's tree regularly fall onto your plot, you don't have to give them back — they become yours the moment they fall. The rule only applies to fruit that has fallen on its own, though — it does not give you the right to pick fruit directly off a branch overhanging your land before it falls (that is closer to the separate right to trim an overhanging branch, described above). In practice, disputes over fruit rarely reach court, but the rule can matter where there are larger crops close to the boundary.

Neighbourly self-help — how to trim branches and roots safely

The right to remove branches and roots crossing the boundary yourself does not mean you have a free hand. It is worth following a few rules that reduce the risk of a dispute or a damages claim from your neighbour:

1. Document the problem before you act — dated photos of overhanging branches or root damage.
2. Give your neighbour written notice and a reasonable deadline to trim it themselves (e.g. 14 days).
3. Trim proportionately — only the part crossing the boundary, not the whole crown or root system.
4. Work from your own plot where possible, without entering your neighbour's land unnecessarily.
5. Keep records after the work — "before and after" photos, the date, and witnesses if possible.

Note: a disproportionate trim that damages or kills your neighbour's tree can trigger a separate damages claim against you.

The cost of marking out and maintaining the boundary

Trees and shrubs growing exactly on the boundary line are also a common flashpoint in disputes about the boundary itself. The general rule applied in Polish neighbour law is that the cost of demarcating properties and maintaining fixed boundary markers is generally shared equally between the adjoining owners, unless their respective interests or a separate arrangement dictate otherwise. If a dispute over a tree turns into a dispute over the boundary itself — for example, it is unclear which side of the line the tree actually stands on — it is worth clarifying the boundary first (e.g. with a licensed surveyor) before taking any action against the plant.

Felling a boundary tree and nature conservation rules

Even if a tree stands entirely on your own plot and bothers you because of its size, shade, or roots creeping toward your foundations, the decision to fell it is not always yours alone. Removing trees and shrubs is governed by the Nature Conservation Act, which in many cases requires you to notify the municipality (gmina) of your intention to fell the tree, or to obtain its permission, before the tree is cut down.

Before felling, check with your local gmina office whether the particular tree requires notification or permission — this depends on the species, trunk circumference and purpose of the felling. Felling without permission can result in an administrative fine. The fact that a tree bothers your neighbour does not, by itself, remove the obligation to notify — these are two separate issues: the neighbour relationship and nature conservation. If it is your neighbour who wants your tree felled and you disagree, they generally cannot force you to do it, unless the tree genuinely poses a safety risk.

Step-by-step: what to do if the problem persists

1. Inspect and photograph the situation — overhanging branches, roots, and any damage (paving, fencing).
2. Talk to your neighbour and suggest a deadline for voluntary trimming or tidying.
3. Send written notice if the conversation doesn't help — describing the problem and a specific deadline.
4. Once the deadline has passed without action, consider a proportionate trim yourself, documenting the whole process.
5. Before felling on your own plot, check with the municipality (gmina) first whether notification or permission is required.
6. If the situation escalates (a dispute over rights, a damages claim, serious harm) — consult a lawyer.

Frequently asked questions

Can I cut my neighbour's branches overhanging my property myself?

In principle yes, but usually only after first giving your neighbour notice to trim it themselves. Trim proportionately — only the part actually crossing the boundary.

Who owns fruit that has fallen from my neighbour's tree onto my property?

Under the general rule of Polish neighbour law, fruit that has fallen naturally onto your land becomes your property. This does not cover picking fruit directly off a branch before it falls.

Do I need my neighbour's consent to fell a tree growing close to the boundary?

If the tree stands entirely on your plot, your neighbour's formal consent isn't required, but the felling itself may need notification to, or permission from, the municipality (gmina). If the tree stands exactly on the boundary, it's worth first clarifying its ownership status.

What can I do if my neighbour's roots are damaging my paving or fence?

Document the damage (photos, description, date), give your neighbour notice to remove the intruding roots within a reasonable deadline, and if that doesn't help, consider cutting them yourself on your side of the boundary. For more serious damage, it is also worth considering a separate damages claim — that requires a lawyer's assessment.

Need help with this matter?

If a dispute with a neighbour over trees, branches or roots is dragging on, or involves real financial loss, it helps to get your documentation in order before taking further steps. Describe your situation — we'll review it free of charge — tell us how long the problem has been going on and what evidence you've gathered so far. Submitting the form does not create any contract.

Related guides

• Noise and immissions from a neighbour — how to seek an end to the interference
• Boundary dispute in Poland — the demarcation (rozgraniczenie) procedure step by step
• Right of way of necessity in Poland — how to establish one when a plot has no access