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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6078
Experience:  Spanish Attorney
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Good eveningi have a palm tree in front of my spanish

Customer Question

good evening i have a palm tree in front of my spanish villa which is looked after and well cut twice a year but the upstairs neighbor has complained about blocking his view however the few leaves that there are is above his roof line can they force me to cut it down .we are situated in villa martin torrevieja

Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.
Hi there
If the tree has beedn there for several years the neighbor has any right to ask you to cut it down
So, do not take care for him
You do not have to cut it down
Law does not force you to do it
Thank you
José M. and other Spain Law Specialists are ready to help you
Customer: replied 2 years ago.

community says that it cannot be taller than my property is that correct

Expert:  José M. replied 2 years ago.
Ask them what law say so... No law says you have to cut NOW
The problem is to plant it from now, but if they allow you,..
That it is what law says

Article 591No may plant trees near an alien inheritance but the distance authorized by the Ordinance or the custom of the place, and failing, to the two meters of the dividing line of the inherited if the Plantation is made of tall trees, and the 50-cm if the planting of shrubs or low trees. Every owner has the right to ask you start trees that henceforth plantaren less distance of their inheritance. Article 592Si the branches of some trees is given on an inheritance, gardens or neighboring courtyards, the owner of these will be entitled to claim to be cut as soon as extend over your property, and if the roots of neighboring trees which are extended on another floor, the owner of the soil in which they are introduced will cut them by itself within his inheritance. Article 593Los existing in a divide living hedge trees are presumed also dividing, and any of the owners have the right to demand its demolition. Excluding the trees that serve as landmarks, which may not be start, but by mutual agreement between the adjacent.

Thank you