The fruit belongs to the owner of the tree, and the tree belongs to the owner of the land – this is a simplified interpretation of the neighbor law rule in the Civil Code, but there are also special cases. It often causes disputes among neighbors to determine, on the one hand, where the boundary of the property lies, and on the other hand, who can claim the fruits of the trees there, or who is responsible for collecting the fallen branches and leaves. The Civil Code formulates this issue relatively clearly, but – as it usually happens – there are always unique, difficult-to-resolve cases. Since the preservation of existing green vegetation is a general environmental interest, in disputed cases, it is most often not possible to order the cutting down of the trees causing the dispute. Even if their roots uplift and damage the neighbor's pavement or sidewalk, i.e., obvious damage occurs. However, in such cases, the owner of the trees is obliged to eliminate the risk of damage by ...
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