Overhanging branches in Spain: who is responsible?

Living in Spain means enjoying outdoor life. But what if your neighbor’s trees start affecting your garden?

Spanish law is clear:

The owner of the tree is responsible for maintenance.
Overhanging branches must be trimmed by the neighbor.
You are not allowed to cut them yourself without permission.

There is one exception:

Roots growing into your land can be removed by you.

If branches cause shade, nuisance or damage, you have the right to act. In Spain, the approach matters:

Start with a friendly conversation before taking formal steps.

If needed:

1. Speak to your neighbor
2. Send a written notice (burofax)
3. Allow a reasonable timeframe
4. Consider legal action

The cost of trimming is always for the tree owner.

Summary:

• Branches → neighbor
• Roots → you
• Costs → tree owner
• Approach → start informal