Overhanging branches and roots in Portugal

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A neighbour may cut roots and branches that cross into their land if the tree's owner, once asked, has not done so within three days (Código Civil, art. 1366.º, n.º 1).

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Law

Código Civil (Decreto-Lei n.º 47344/66)

Article

1366.º, n.º 1

Who may cut

The owner of the land the roots or branches enter

What may be cut

Roots that grow into the land, and the trunk or branches that hang over it

Condition

The tree's owner has been asked, in court or out of court (judicial ou extrajudicialmente), and has not acted within three days

Official text

pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=775&tabel...

Sources

pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=775&tabel...

Checked

2026-11-05