Civil Code (Cap. 16)
Civil Code (Cap. 16), article 437
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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