Spring is here, gardens are blooming, and with it comes the annual wave of neighbourly disputes about plants, fences and property lines. One question that pops up frequently in Austria: can your neighbour plant a tree right up against your shared boundary - even if its roots or branches spread over to your side?
According to Austria’s Supreme Court (OGH), yes, they can.
Roots and branches across the fence? It’s legal – in most cases
The case in question came from Styria, where a homeowner sued his neighbour for €33,400, claiming the neighbour’s trees had damaged a drainage system and paved areas on his land. The argument was that the encroaching roots had caused physical damage.
But the court didn’t see it that way. In its February 2025 ruling, the Supreme Court ruled that planting trees along property boundaries is allowed, even if roots grow underground or branches extend into the neighbouring yard. Why? Because it’s a natural process, according to the court's decision.
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The court said that the growth of trees or plants is generally understood as a natural event. As long as the trees are planted on their owner’s property, that person has the right to let them grow, even if some parts eventually spread across the line.
You can cut the branches – but at your own cost
If you’re worried about branches hanging over into your yard, there is some good news. You can trim them as long as the overgrowth is on your side. This is known as the right of overhang in Austrian property law.
However, you’ll need to take care of it at your own expense - unless the branches are posing a danger. For example, if they’re dead or at risk of falling, your neighbour might be obliged to take action or cover the cost.
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What about root damage or blocked sunlight?
This is where things get a bit more complicated. While planting near a property line is allowed in principle, there are limits - especially if it starts to seriously affect your ability to use your property.
The Supreme Court noted that a neighbour can take action if their customary use of the property is significantly impaired or if the trees are causing an unacceptable condition. So, if roots are tearing up your terrace or branches are darkening your kitchen year-round, you might have a case.
But minor annoyances? Those are likely to be seen as part of everyday life in shared urban or suburban space.
The logic behind the ruling
In its reasoning, the court drew a comparison: if trees were banned along boundaries because their roots might eventually cause damage, then paving near boundaries should also be banned - because it could prevent the other side from planting anything at all.
In other words, owning property comes with some mutual tolerances.
The court said that people are entitled to plant trees for aesthetic, environmental or personal reasons, including near boundaries, even if the natural spread goes slightly beyond.
So what should you do if you're worried?
If your neighbour is eyeing a spot right on the boundary line for their new spruce or maple, your best first step is to have a chat. Most disputes can be avoided - or at least softened - with a bit of open communication.
If that doesn’t work and you’re seriously concerned - say, you have a newly paved patio just centimetres away - it may be worth documenting everything and getting advice from a legal professional, especially if the roots or branches are already causing actual damage.
And remember: you always have the right to trim back overhanging branches on your side of the fence, as long as you don’t harm the tree.
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