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Neighbour Dispute — Boundaries, Trees and Walls

Overhanging branches, boundary walls, access rights

Neighbour disputes over property boundaries, trees, walls and shared spaces are extremely common in Malta. Here is your legal position and how to resolve t

1. Know your legal position — what the Civil Code says

   The Civil Code (Ch. 16) contains specific rules for neighbours. Key rights: you can demand that branches overhanging your property be cut (Art. 321); boundary walls are presumed shared unless proven otherwise (Art. 328); you cannot open a window overlooking your neighbour's property within 1.5 metres of the boundary without their consent; your neighbour cannot drain water onto your property.

2. Check your title deed and planning drawings

   Before confronting your neighbour, check your property title deed and any architect drawings to establish the legal boundary. Your notary can provide copies. If there is genuine uncertainty about the boundary, a licensed architect or surveyor can prepare a boundary report. The Land Registration office can also confirm registered boundaries.

3. Try to resolve it directly — a calm conversation first

   Many neighbour disputes are resolved with a polite conversation or letter. Explain your concern clearly and focus on what you want resolved rather than who is at fault. Sending a WhatsApp or email creates a written record. Avoid aggressive or threatening language as this can be used against you in later proceedings.

4. Send a formal written notice

   If informal approach fails, send a formal letter by registered post stating specifically: what the problem is, what legal provision applies, what action you require, and by what date. For example: 'Under Article 321 of the Civil Code, I require the branches overhanging my property at [address] to be removed within 14 days.' Keep a copy of the letter and proof of delivery.

5. Mediation — fast and cheap

   For most neighbour disputes, mediation is far quicker and cheaper than court. The Malta Mediation Centre offers mediation services (justiceservices.gov.mt). Both parties must agree to mediate. A mediator helps you reach a binding agreement. Cost is split between the parties and is much less than legal fees.

6. Small Claims Tribunal for property damage under €5,000

   If your neighbour has caused quantifiable damage to your property (e.g. tree roots damaging your walls, water draining onto your yard), and the amount is under €5,000, use the Small Claims Tribunal. File online at justiceservices.gov.mt. Cost: €25. No lawyer needed. Cases resolved in 6-8 weeks.

7. Civil Court for boundary disputes and injunctions

   For serious boundary disputes, illegal structures built on your land, or injunctions to prevent ongoing damage, you will need the Civil Court. Engage a lawyer — boundary cases can become complex. The court can order a survey, issue injunctions stopping further work, award damages and order structural changes. These cases can take 1-3 years.