Property law rules for encroaching tree roots and branches

Under Polish civil law, specific regulations govern how property owners must handle tree branches and roots that encroach upon neighboring plots. There is no universal minimum distance required between a tree and a property boundary; the legality of a neighbor's demand for tree removal depends on how the tree impacts the adjacent property.

According to Article 150 of the Civil Code, property owners have the right to cut and keep roots that cross onto their land without first notifying the tree owner. However, different rules apply to branches and fruits. For overhanging branches, the owner of the affected property must first set a reasonable and realistic deadline for the neighbor to remove them. Only if that deadline passes without action can the owner proceed to cut the branches themselves.