10/06/2026
🌳 𝗧𝗵𝗼𝘀𝗲 𝗯𝗿𝗮𝗻𝗰𝗵𝗲𝘀 𝗵𝗮𝗻𝗴𝗶𝗻𝗴 𝗼𝘃𝗲𝗿 𝘆𝗼𝘂𝗿 𝗿𝗼𝗼𝗳? 𝗖𝘂𝘁𝘁𝗶𝗻𝗴 𝘁𝗵𝗲𝗺 𝘄𝗶𝘁𝗵𝗼𝘂𝘁 𝗮𝘀𝗸𝗶𝗻𝗴 𝗳𝗶𝗿𝘀𝘁 𝗰𝗼𝘂𝗹𝗱 𝗴𝗲𝘁 𝘆𝗼𝘂 𝗶𝗻 𝘁𝗿𝗼𝘂𝗯𝗹𝗲.
This can be quite annoying for homeowners. The tree is your neighbor's — but its branches are already scraping your roof, clogging your gutters, or threatening your wall. Your first instinct: grab a saw and just cut.
But don't do it just yet.
⚖️ 𝗕𝗿𝗮𝗻𝗰𝗵𝗲𝘀 𝘃𝘀. 𝗥𝗼𝗼𝘁𝘀 — 𝗗𝗶𝗳𝗳𝗲𝗿𝗲𝗻𝘁 𝗥𝘂𝗹𝗲𝘀
Article 680 of the Civil Code makes a critical distinction:
For 𝘣𝘳𝘢𝘯𝘤𝘩𝘦𝘴 that hang over your property — you have the right to 𝘥𝘦𝘮𝘢𝘯𝘥 that the tree owner cut them off. The cutting is 𝘵𝘩𝘦𝘪𝘳 job and 𝘵𝘩𝘦𝘪𝘳 expense. You cannot simply take a saw to them yourself without following proper steps first.
For 𝘳𝘰𝘰𝘵𝘴 that have already crept into your land — you 𝘤𝘢𝘯 cut them yourself, as long as you stay within your own property boundary. No need to ask permission.
Taking a saw to overhanging branches on your own, without a prior demand, can expose you to a claim for damages — or even a criminal complaint for malicious mischief.
📋 𝗦𝘁𝗲𝗽𝘀 𝘁𝗼 𝗣𝗿𝗼𝘁𝗲𝗰𝘁 𝗬𝗼𝘂𝗿𝘀𝗲𝗹𝗳
1. Send a 𝘸𝘳𝘪𝘵𝘵𝘦𝘯 demand to your neighbor asking them to cut the overhanging branches. Document everything.
2. If they ignore you, go through the 𝘉𝘢𝘳𝘢𝘯𝘨𝘢𝘺 first. Katarungang Pambarangay conciliation is mandatory for neighbor disputes before you can file any court case.
3. If mediation fails, the court can order your neighbor to do the cutting — at 𝘵𝘩𝘦𝘪𝘳 own cost.
🚨 𝗜𝗳 𝘁𝗵𝗲 𝗧𝗿𝗲𝗲 𝗶𝘀 𝗗𝗮𝗻𝗴𝗲𝗿𝗼𝘂𝘀
If the tree is rotting, leaning, or poses a real threat to life or property, it can be classified as a 𝘱𝘳𝘪𝘷𝘢𝘵𝘦 𝘯𝘶𝘪𝘴𝘢𝘯𝘤𝘦 under the Civil Code. The law obligates your neighbor to deal with it — and they bear the cost 𝘦𝘷𝘦𝘯 𝘪𝘧 𝘵𝘩𝘦 𝘵𝘳𝘦𝘦 𝘨𝘳𝘦𝘸 𝘯𝘢𝘵𝘶𝘳𝘢𝘭𝘭𝘺.
🎯 𝗕𝗼𝗻𝘂𝘀: 𝗧𝗵𝗲 𝗣𝗹𝗮𝗻𝘁𝗶𝗻𝗴 𝗗𝗶𝘀𝘁𝗮𝗻𝗰𝗲 𝗥𝘂𝗹𝗲
The Civil Code also says tall trees must be planted 𝘢𝘵 𝘭𝘦𝘢𝘴𝘵 𝘵𝘸𝘰 𝘮𝘦𝘵𝘦𝘳𝘴 from your property line. If your neighbor's tree violates that, you can demand it be uprooted 𝘦𝘯𝘵𝘪𝘳𝘦𝘭𝘺.
Yes, there's a law for all of these little things.
📚 𝗥𝗲𝗳𝗲𝗿𝗲𝗻𝗰𝗲𝘀
• Civil Code of the Philippines, Art. 679 (Minimum planting distances)
• Civil Code of the Philippines, Art. 680 (Overhanging branches; intrusive roots)
• Civil Code of the Philippines, Art. 694 (Definition of nuisance)
• Republic Act No. 7160 (Local Government Code) — Katarungang Pambarangay provisions
• Revised Penal Code, Art. 328 (Malicious Mischief)
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