Who trims neighbour’s trees?

Q. A dividing wall separates my garden from that of my neighbour. The wall is built with blocks and is about a metre high. My neighbour has conifer trees about four metres high and very close together. In places the trunks have grown to touch my wall and I am afraid that they will damage it.

The former owner trimmed the trees and my side as well at no cost to me. The new owners have said they will not trim the trees on my side unless I pay. What is my position? R.L.(Costa Blanca)

A. Legally, you have the right to demand that your neighbour trims away any portion of his trees which overhang your garden. Further, if his trees or their roots damage the separating wall, the neighbour is liable to pay for it. If he refuses, then you have a problem. You can go to court against your neighbour and you will surely win your case. Nevertheless, the expense and time involved may turn out to be greater than the cost of having the trees trimmed yourself. Perhaps you could come to a friendly agreement with your neighbour.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.