Tree growing on the boundary line in Portugal

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Trees and shrubs that grow on the dividing line between plots of different owners are presumed to belong to both, and one that marks the boundary cannot be cut down without agreement (Código Civil, arts. 1368.º and 1369.º).

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Law

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

Articles

1368.º and 1369.º

Presumption

Trees and shrubs on the dividing line are presumed shared

Removal

Either owner may pull them out, but the other is entitled to half their value, or half the firewood or timber, as they prefer

Boundary markers

A tree or shrub that serves as a boundary marker may only be cut or pulled out by agreement (art. 1369.º)

Official text

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

Sources

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

Checked

2026-11-05