Civil Code (Cap. 16)

Civil Code (Cap. 16), article 437

Official PDF on legislation.mt

437. (1) It shall not be lawful for any person to plant in his own tenement tall-stemmed trees at a distance of less than two metres and forty centimetres, or other trees at a distance of less than one metre and twenty centimetres from the boundary between his tenement and that of his neighbour. (2) Vines, shrubs, hedges, and all other dwarfed trees not exceeding the height of two metres and ten centimetres, may be planted at a distance of not less than forty-five centimetres from the said boundary. (3) The neighbour may, unless the period required for prescription has elapsed, demand that trees planted at a lesser distance, or which, notwithstanding the observance of the aforesaid distance, are causing him damage, be uprooted at the expense of the owner. (4) The court, however, may grant to the owner of such trees the option either to uproot them, or to cause ditches or other works to be made at his expense sufficient to prevent all damage to the tenement of his neighbour. (5) The provisions of this article shall not apply in cases where the adjoining tenements are separated by a wall, provided the aforesaid trees, shrubs or plants are so kept as not to exceed the height of the wall. Branches of trees overhanging adjoining tenement.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.