Short answer. Whatever the local ordinances or customs require, and absent those, at least two metres from the dividing line for tall trees and fifty centimetres for shrubs or small trees. Article 679 lets a landowner demand that trees planted closer than this be uprooted — and it applies to trees that grew spontaneously too.

What the law says

at a distance of at least two meters from the dividing line of the estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or small trees are planted

Civil Code, Article 679 — Distances For Planting Trees. Read the full provision →

Local rules come first, the Code's figures second

The article defers to the ordinances or customs of the place and supplies its own distances only in their absence. So the two metres and fifty centimetres are a fallback, not a national standard, and a locality with its own rule displaces them. It is worth checking before relying on the numbers, particularly in built-up areas where planting near boundaries is regulated more tightly. Note too that the measurement runs from the dividing line of the estates, so it is a boundary question first — which means an unsurveyed line makes the whole complaint difficult to press.

The remedy is uprooting, and it is a strong one

Not trimming, not a payment: the landowner may demand that the offending tree be uprooted. That is deliberate, because a tree planted too close will keep producing the problem — encroaching roots, overhanging crown, falling debris — for as long as it stands. But read the timing limit carefully. The right is given as to trees hereafter planted at a shorter distance, which is what stops the article from being turned against long-established planting, and it is the first thing a neighbour facing this demand will point to.

Trees nobody planted are covered

The last line extends the article to trees which have grown spontaneously — a seedling that took root by itself near the line is treated like one that was planted there. This closes an obvious gap, since most trees close to a boundary in this country arrived without anyone deciding to put them there, and an owner cannot avoid the rule by saying he never planted it. The corollary is that a self-sown tree is his responsibility to deal with once it is growing on his land, whatever its origin.

Establish the line and the age before you demand anything

Two facts decide it: where the boundary actually runs, and when the tree went in. The first needs a relocation survey, since a demand to uproot based on an assumed line is easily resisted. The second is what determines whether the uprooting remedy is available at all, so old photographs, satellite imagery and anything showing the tree's absence at a given date are worth collecting. Where the tree predates the rule's reach, the practical remedy is usually the separate right to deal with branches and roots that actually cross into your property.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.