Trees too close to the boundry?

Information and questions about the Law in Spain and Andalucia.
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annfoto
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Trees too close to the boundry?

Postby annfoto » Thu Mar 01, 2012 7:21 pm

Every year around this time one of our neighbors asks us to prune 4 pecan trees on our boundary which we do. This year however she is complaining that we haven't taken enough off and that we need to substantially reduce the height of the trees as they are blocking out her light and she claims that it is against the law to plant trees closer than 2 m from the boundary. They are planted on rustic (agricultural) land.
The offending trees are about 15 years old, 15m tall and we have been looking after them for 10 years. They are amongst our most productive trees each producing at least 150kg of nuts or between the 4 of them about €600 each year.
You can see from the photo that the boundary is her North boundary so it isn't blocking the sun out.
In law I think she has the right to cut off any branches overhanging her land but she would need a cherry-picker or Hiab to do that and I don't see why I should pay for it.
These are the offending trees on the left.
Image
She wants me to prune them like her one and only pecan here
Image
I refuse to massacre my trees like that - I would be pure dead affronted!
I am worried about her claim that it is illegal to have trees growing less that 2m from the boundary, we have 400m of boundaries and I think about 100 trees would fall foul of that law. I suspect she is talking rubbish, it is farmland, boundaries are often delineated by trees!
Ann

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Re: Trees too close to the boundry?

Postby Devils Advocate » Thu Mar 01, 2012 7:41 pm

Comiserations, there are some right horrible, nit picky people about. Not much advice to offer, only to say if they were my trees and she kicked off I'd tell her she had a cheek moaning about them when I had to look over that sh1-te heap of a garden every day of my life :idea:
Property owner in Andalucia since 2002. How time flies.

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murbisa
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Re: Trees too close to the boundry?

Postby murbisa » Thu Mar 01, 2012 7:51 pm

I can't see what she is complaining about. No leaves in the winter and I would think in the summer she would be grateful of a bit of shade.

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Re: Trees too close to the boundry?

Postby country boy » Thu Mar 01, 2012 8:57 pm

Easy for me to say but I would just say Ok and then do nothing...the woman is obviously a bit odd to say the least.
Sorry for you, dolls and pins perhaps? :twisted:

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annfoto
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Re: Trees too close to the boundry?

Postby annfoto » Fri Mar 02, 2012 12:36 am

Thanks all for your sympathy.
Easy for me to say but I would just say Ok and then do nothing...
That was more or less my thoughts. I told her that I would see what I could do next week when the moon is in the right quarter. I rarely see her anyway, she only comes at weekends and we seldome use that lane, our main entrance is on the other side.
I am fairly certain that she is talking rubbish about trees closer than 2m from a boundary are illeagle.
One of our boundaries is with the acequia and is planted with magnificent pine, fir, willow and jacaranda trees. They look great and give us privacy from the public track- We were told that they belonged to the Comunidad de Regantés and were protected which suits us just fine :thumbup:
Would be devastated to loose them.
Ann

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Re: Trees too close to the boundry?

Postby jhonie99 » Tue Mar 06, 2012 11:17 am

Believe it or not, your neighbour is correct!

According to the civil code, trees must not be planted within 2 metres of the boundary. Plants must not be planted within 50cm of the boundary. I checked it recently, before I planted some trees.

The above rules can be different at local level, but I suspect a change is unlikely.

So proceed with caution.


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