In Montenegro a tree on the boundary is the joint property of the neighbours, and branches and roots from a neighbour's tree that reach into your land and bother you may be cut and kept if the neighbour does not remove them within a reasonable time after you ask. The owner of a building must prevent rainwater from their roof falling onto the neighbouring land, and noise, smoke, smells and similar effects beyond the usual level are excessive nuisance that you can ask to have removed, with damages.
The rules come from the Law on Property Relations, in its chapter on neighbour rights. This guide explains them in order: trees, fences and walls, boundaries, water, nuisance, entering a neighbour's land and protection in court.
What does the law say about a tree on the boundary and its branches?
| Situation | Rule |
| The tree grows on the boundary itself | It is the neighbours' joint property; each is entitled to the fruit from branches over their own land |
| The tree grows on the neighbour's land | It belongs to the owner of the land where the trunk stands, even when branches and roots reach your land |
| Branches and roots bother you | You may cut branches in your airspace and remove roots in your soil |
| The neighbour does not remove the branches when asked | After a reasonable time you may cut them and keep them |
| You leave the branches uncut | You are entitled to the fruit from those branches |
| Fruit falls from branches that do not reach your land | The owner of the fruit tree may enter and collect it |
| Felling the whole tree on the boundary | By agreement, or at the request of one neighbour if the court finds it justified |
The rules on cutting a neighbour's branches and roots do not apply to adjoining forests. You get no compensation for shade from a forest or orchard that was already there, but if a neighbour later plants trees that cause you significant damage through shade, the court may award one-off fair compensation.
For trimming branches and tidying a garden, you can also hire garden maintenance professionals through the Glatko platform.
Who owns a fence and who maintains it?
- A fence on the boundary (wall, hedge, wire, posts) is presumed to be the neighbours' joint property, unless notches, inscriptions or other evidence show otherwise. The neighbours share the maintenance costs equally, and a new joint fence in place of the existing one requires the consent of both neighbours; without it, the court decides.
- A fence only on your land is yours, and you must keep it in good condition if it threatens damage to the neighbour.
- Which side you fence. Every owner must fence their space on the right-hand side of their entrance, seen from the road, unless otherwise prescribed or customary.
- A wall between two buildings is used by both neighbours; each may make recesses up to half the wall's thickness if this does not endanger its stability.
If boundary markers are destroyed or moved, neighbours can fix the boundary by agreement, and if they cannot, the court fixes it in non-contentious proceedings. How a boundary is surveyed is explained in our article on plot boundaries.
Who is responsible for water and rainwater?
- The owner of a building must take measures so that rainwater from their building does not fall onto the neighbouring land.
- No one may change the direction or strength of water that naturally flows across their land to the neighbour's detriment.
- The owner of lower land must accept water that naturally flows from higher land, but the upper neighbour may not do anything that would burden the lower land more.
- The owner of a well or spring must let neighbours take water when they cannot get it any other way or only at disproportionate cost.
What is nuisance and how do you protect yourself from noise, smoke and smells?
The owner of a property must refrain from actions that make it harder for neighbours to use their properties beyond the level that is usual given the nature and purpose of the property and local conditions. The law gives smoke, unpleasant smells, heat, soot, vibrations, noise and waste water run-off as examples. Such interference by means of special devices is prohibited without a special legal basis.
| What you can ask for | When |
| Removal of the cause and damages | When the nuisance is excessive |
| That the neighbour refrains from the cause in future | Until they take measures that prevent it |
| Preventive protective measures | When there is a foreseeable danger of impermissible nuisance |
| Damages and reduction measures, but not a ban | When the nuisance comes from an activity with a permit, while the permit lasts |
In a residential building, relations between owners are also governed by the owners' rules. How flats in a building are registered in the cadastre as separate units is explained in our article on etažiranje.
When may you enter a neighbour's land?
- to repair or demolish your own building, if necessary;
- to put up scaffolding and carry out other works on your property that cannot be done otherwise, with reasonable compensation at the neighbour's request and restoration of the previous condition;
- to catch an escaped animal or a swarm of bees, collect fruit or retrieve things that got there by chance.
You must pay compensation for any damage you cause. Who may cross someone else's land on a permanent basis is a question of easements, covered in our article on right of way.
How do you protect yourself in court?
| Procedure | Deadline and rule |
| Action to stop interference | The owner may ask for unfounded interference to stop; the defendant must prove they have a right that entitles them |
| Dispute over disturbance of possession | Within 30 days of learning of the disturbance and who caused it, and at the latest one year after the disturbance |
| Ban on undermining | A threatened neighbour may ask for works that endanger the stability of their land or building to stop |
| Danger of collapse | A threatened neighbour may ask the person who would be liable for the damage to take the necessary measures |
Neighbour rights are exercised in a spirit of good neighbourliness, honestly and in the way that burdens the neighbour least, and for cutting and keeping a neighbour's branches the law expressly requires you to ask the neighbour to remove them first. Which court hears neighbour and common-area disputes, and how, is described by the law firm RoNa Legal.
Checklist before buying a plot or house
| Check | Why |
| Trees along the boundary | Who owns them and whether branches reach over |
| Fences and walls | Whether they are on the boundary or on one plot |
| Water run-off and gutters | Whether rainwater falls on the neighbouring plot |
| Activities nearby | Noise, smells or smoke beyond the usual level |
| Boundary markers | Whether they match the cadastre |
You can find or list plots and houses in our real estate category.
Frequently asked questions
May I cut branches of a neighbour's tree that hang over my garden? Yes, you may cut branches in your airspace and roots in your soil if they bother you. If the neighbour does not remove them within a reasonable time after you ask, you may also keep them.
Who owns a tree on the boundary? A tree on the boundary is the neighbours' joint property, and each is entitled to the fruit from branches over their own land.
Who pays for maintaining a fence on the boundary? The neighbours, in equal shares, because a fence on the boundary is presumed to be joint property unless shown otherwise.
What can I do if a neighbour makes excessive noise or smoke? You can ask them to remove the cause, to refrain from it in future and to pay damages. If the activity has a permit, while it lasts you can ask for damages and reduction measures, but not a ban.
May rainwater from a neighbour's roof fall onto my land? No. The owner of a building must take measures so that rainwater from the building does not fall onto neighbouring land.
What is the deadline for an action over disturbance of possession? Within 30 days of learning of the disturbance and who caused it, and at the latest one year after the disturbance.
Sources
Neighbour rights are governed by the Law on Property Relations (Official Gazette of Montenegro 19/2009 and 29/2025, articles 126 to 128, 250 to 268 and 404; the 2025 amendments do not change these articles). The legislation was checked on 24 September 2026. Fijaka is a classifieds platform and does not provide legal advice; for a specific dispute, consult a lawyer.