Many people wonder who should be responsible for trimming the hedge that forms the boundary between two homes. Let’s find out the answer written in the civil code.
Behaving appropriately is the main rule to respect the daily home life of other people in a condominium or neighboring houses. It will not be allowed to make too much noise at night or throw out garbage whenever it happens.
These are just two of the many examples of behaviors to avoid in order to have full respect for our neighbors . The same things, then, must also be respected by others. To live better in a space inhabited by many families, therefore, it will be appropriate to follow the rules, avoiding creating particular disturbance or causing damage.
Especially those who live in single-family homes or in terraced houses with gardens, know well how much the rules must be respected even outside and, precisely, in the border space between the two houses . In particular, the hedge of one’s home must always be cared for and pruned , so as not to end up in the space of another, causing damage or annoyance.
Whose job is it to prune the border hedge ? Is it the rightful owner or the person who suffers what we can define as a natural “invasion”? Let’s find out all the details on this topic and what the civil code provides . Here is the answer.
Boundary hedge between houses, here’s who has to cut it
With the arrival of the warm season, those who own a garden or an outdoor space know how comfortable and practical it can be to “live” it to the fullest. It will be possible to set up a nice barbecue, take care of your vegetable garden or simply spend time outdoors with your family and friends. If you live in a space adjacent to one or more homes, it is important to respect the rules . Your neighbors will also have to do the same with you.
It may happen that a hedge is less cared for or pruned a few months late. The result is that it can extend into someone else’s living space . This aspect could cause a nuisance to someone, since it will reduce the external space in legitimate possession. A poorly cared for hedge, then, is not even aesthetically appealing.
Many people wonder who should prune this specific border hedge . Should the owner or the person who is “subjected” to the nuisance do the job?
When there are borderline situations like this, it is absolutely legitimate to ask yourself a question. In this article we want to clarify all your doubts on this topic . In doing so, we will follow to the letter what the civil code says on the subject. Here is everything you need to know.
Here are the rules to follow
The civil code , in article 894 , regulates this very borderline situation in reference to the boundary hedge. In practice, when an “invasion” problem occurs, the neighbor has every right to demand that the hedge be pruned as soon as possible. Therefore, it will be the legitimate owner of the hedge who will have to take on the commitment .
Those who have their space “invaded”, on the other hand, cannot provide for pruning at all . The risk, in fact, is to incur legal problems in turn. These, as is obvious, are the rules written in the civil code in the event of bad relations between neighbors.
In most cases, however, the path of dialogue and common sense can solve this problem . Neighbors can easily agree on what to do without any kind of problem. If , however, there are frictions , then the person “invaded” by the hedge has every right to proceed through legal channels , in case of refusal to prune by the legitimate owner.
It will therefore be possible to send a warning letter to the owner of the hedge. If there is no response, then you could end up in court. If, then, the hedge or a tree could also be unsafe or full of thorns, then it will also be possible to request urgent intervention by the judicial authorities . These are extreme cases, but anything can happen in the event of friction between the various neighbors.