I have searched a lot to answer your and Jeanne's question Bo.
I believe that due to limited space and small gardens which border gardens of neighbours to the left, right and in the backyard, the Dutch law requires limitations, guidelines and appeals for social behavioor and tidy gardens.
This is what I found on a Dutch Garden maintainance site, excuse me for the Google translation (Dutch-English) of this text:
Garden maintenance, trees and Boundary partitionGarden maintenanceThe law states that as a tenant, you are required to maintain your garden, according to the so-called Decree Small Repairs. The annex to this Act states which work that exactly is:
- Maintenance of gardens, yards, rivers and landslides, such that these immovable belongings make a well-informed impression, including in any case;
- When occupying a living space, the garden or plot belonging to the living area of the rented garden: the construction of the garden or plot with the exception of the construction of ramps and access roads and the establishment of a simple property separation;
-The equalization of the garden and the cultivation of breeding ground;
- The regular mowing of the grass;
- The regular removal of weeds in the garden and between tiles of ramps, access roads and terraces;
- The replacement of broken tiles;
- The regular pruning of hedges, hedges and firing trees;
- The replacement of planting that has passed away;
- The replacement of broken shelves or segments of wood divisions, the right and right of wood divisions;
- If the partitions are painted or stained: dye or brush pastures regularly.
Trees in the gardenIn addition, there are legal rules regarding the placing of trees in the garden. If a tree becomes higher than the partition, it must be placed at least two meters away from the partition, for shrubs a distance of 50 cm. This does not mean that trees or shrubs that are closer to the erf boundary or higher must be removed immediately. It may be that it has been standing for so long.
If you suffer from overhanging branches in your garden, you can do the following:
- 1. Initially ask your neighbors if they want to prune the branches. In principle, your neighbors themselves must ensure that branches do not overhang or that a hedge is cut. Your neighbors have the right to access your garden if they can prune the branches only through your garden.
- 2. If you notice that they are not pruning after your conversation, you can send them a short note asking you again. Specify a deadline within which you wish to be pruned, for example six weeks. You can indicate in your letter that you will remove the branches yourself.
- 3. If your neighbours do not respond to your written question for pruning, you can do it yourself. Everything that you cut above your ground is your property.
Tearing roots of a tree from your neighbors can be removed without asking the neighbors if they want to do it themselves. You may love fruit of a tree of the neighbors who fall into your garden. You may not pick the fruits of the tree itself.
Boundary partition (Septic separation)If a fence, hedge, wall or other partition between your garden and those of the neighbors is exactly on the property boundary, this is jointly owned by you and your neighbors. This means that you are both (in consultation) responsible for the maintenance, cleaning and possibly renewal of the property separation. Together with the neighbors you pay the costs incurred.
It does not matter who originally set this inheritance separation. Does the property divorce not be on the boundary of the land but completely on one side of the border? Then the tenant of the land where the divorce is on is fully responsible.
For a Boundary partition the following rules apply:
A fence, wall or fence next to and behind a house may not be more than 2 meters high. Before the house, the maximum height is 1 meter.
You may not make an opening or window in the wall or fence. According to the law, there are no windows, balconies or wall openings within 2 meters of the property boundary that look out over your neighbors.
Without the consent of your neighbors, you may do whatever you want with your side of the common property separation as long as you do not damage the property separation. You can paint your side of a wall or fence for example (make sure there is no paint on the side of the neighbors) and / or attach brackets for plant bins. If a hedge is exactly on the yard, then you can trim the hedge on your side. You must prune in such a way that the hedge does not suffer from damage.
