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Book 3 · Law of property  ›  Title 1 · Subject matter of ownership › Section 923

Boundary tree

(1) Where there is a tree standing on the boundary, the fruits and, if the tree is felled, the tree itself belong to the neighbours in equal shares.

(2) Each of the neighbours may require the tree to be removed. The costs of the removal are borne by the neighbours in equal shares. The neighbour who demands the tree’s removal, however, is to bear the costs alone if the other neighbour waives their right to the tree; in this case the neighbour demanding removal acquires sole ownership upon the separation. The claim to removal is excluded if the tree serves as a boundary marker and in view of the circumstances cannot be replaced by another appropriate boundary marker.

(3) These provisions also apply to a bush standing on the boundary.

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