Section 1346.- A tree, which stands upon a boundary line, is presumed to belong to the owners of the adjoining pieces of land in common. Its fruits belong to such owners in equal shares as well as the timber itself if the tree is felled.

Either owner may require the removal of the tree, the cost of removal being borne by them equally. However, the neighbour who requires the removal, shall bear the cost alone if the other waives his right to the tree. Removal may not be required if the tree serves as a boundary mark and cannot be replaced by any other appropriate boundary mark.

 

Section 1347.- The owner of a piece of land may cut off and keep roots of a tree or bush which have penetrated from an adjoining piece of land. He may also cut off and keep overhanging branches after giving the possessor of the adjoining piece of land reasonable notice to remove them, such notice not having been complied with.

 

Section 1348.- Fruits falling naturally upon adjoining land are presumed to be fruits of such land.

 

Section 1349.- If a piece of land is so surrounded by other pieces of land that it has no access to the public ways, the owner may pass over the surrounding land to reach a public way.

The same applies, if passage can only be had over a pond, marsh, or sea, or if there is a steep slope with a considerable difference of level between the land and the public way.

The place and the manner of the passage must be so chosen as to meet the needs of the person entitled to passage and at the same time to cause as little damage as possible to the surrounding land. The person entitled to passage may, if necessary, construct a road for passage.

The person entitled to passage must pay compensation for any damage suffered by the land owner on account of the passage being established. Such compensation, except for damage arising from the construction of a road, may be made by annual payments.

 

Section 1350.- Where land has been so partitioned or partially transferred that a plot is left without access to a public way, the owner of such plot may claim a right of way under the foregoing section only over the land which has been so partitioned or partially transferred. In such case no compensation need be paid.

 

Section 1351.- The owner of a piece of land may, after reasonable notice, make use of adjoining land so far as necessary for the purpose of erection, or repairing, a fence, wall or building on or near his boundary line, but he may not enter the dwelling house of a neighbour without the latter’s consent.

If damage is caused, the neighbour may claim compensation.