The Neighbor's Oak Blocks the Sun: Will Latvian Laws Allow Its Removal? 0 9

1. A huge amount of leaves falls onto our property. Who is responsible for collecting and disposing of these leaves?

2. The plot has become shaded, and because of this, as well as the fact that the oak is drawing all the nutrients from the soil, our fruit trees are dying.

Are there any rules regarding how far from the neighbor's fence trees can be planted, and can I demand that the neighbor either remove the tree or at least clear the leaves?"

Jānis Parums, Senior Public Relations Specialist of the Ādaži Municipality:

Only Benefits

– Since the owner is responsible for the order on their property, they are also obliged to clean up the leaves, even those from the neighbor's tree.

The oak does indeed absorb water and minerals from the soil; however, it is unlikely that it deprives the fruit trees growing on the neighboring plot of nutrients and moisture to the extent that they are wilting. The problem may lie elsewhere — in the age of the fruit trees, or some disease.

The only thing the oak may somewhat affect is if sun-loving plants are growing in the area it shades. But, on the other hand, there are benefits to shading, as in summer the oak prevents the so-called "heat island effect," maintaining an optimal microclimate on the neighboring plot. In the context of ongoing climate changes, this is important. Finally, deciduous trees, including oaks, help reduce pollution and, consequently, improve air quality.

Ask an Arborist

– The Rules for Land Use and Development of Ādaži Municipality apply to all residents of the Ādaži region, which stipulate the conditions for maintaining green spaces.

There is also an article in the Civil Code stating that the owner of the plot owns that part of the tree that is on their property, even if the tree itself grows on the neighbor's land.

If the crown of the neighbor's tree is indeed causing problems, one can consult a certified arborist — a tree care specialist — on how to reduce/thin the crown of the oak without harming the tree itself.