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210.100 EGZZGBLICC CH-GR

Art. 96 Introductory Act to the Swiss Civil Code (EGzZGB)

### Special Part - Property Law - Neighbor Law
Open official source Full Act (177 Articles) Machine-readable Markdown (.md)

Art. 96 Introductory Act to the Civil Code (EGzZGB) - VIII. Plants

1. When planting trees and shrubs, except in relation to forest properties, the following distances from the boundary must be observed

1. 6 meters for tall trees that do not belong to fruit trees, as well as walnut trees;

2. 4 meters for tall fruit trees with the exception of walnut trees;

3. 2 meters for dwarf fruit trees, plum and damson trees and similar;

4. 0.50 meters for smaller garden trees and shrubs, which must be pruned to a height of 3 meters; the neighbor can demand that they be pruned in this manner annually in the autumn; this claim is not subject to any statute of limitations;

5. 0.30 meters for vines.

2. If the neighboring property is a vineyard, these distances, except for vines, increase by half of their measure.

3. The right to object to violations of the distance regulations expires after five years, calculated from the planting. The provisions of this article apply accordingly to wild-growing trees and shrubs.

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Court Decisions Applying This Provision (8)

ERZ 2009 12 · gr (Art. 96 Abs. 1 Ziff. 1 EGzZGB)
Appeal Regarding Enforcement of Tree Removal Order
Cited in the operative part (Point 1) as the substantive regulation defining the violated distance requirements for the trees to be removed/transplanted.
ERZ 2009 12 · gr (Art. 96 Abs. 1 Ziff. 1 EGzZGB)
Appeal Regarding Enforcement Deadline for Tree Removal Under Final Administrative Decree
Cited as the specific provision whose violation (regarding planting distance) mandates the removal/transplanting of the trees.
PZ 2008 70 · gr (Art. 96 Abs. 1 Ziff. 1 EGzZGB)
Tree Setback Violation and Removal Order
This provision, which sets the required distance for planting tall trees, was the substantive basis for upholding the initial order to remove the trees.
PZ 2008 70 · gr (Art. 96 Abs. 3 EGzZGB)
Tree Setback Violation and Removal Order
Mentioned in the reasoning to confirm that the right to object to distance violations does not prescribe based on the tree's actual height, thereby confirming the main ground for dismissal.
PZ 2004 108 · gr (Art. 96 cpv. 1 LICC)
Neighbor Tree Encroachment Enforcement Time-Barred Dismissal Overturned
Cited to establish the minimum distances required for tall trees (6m) and small garden plants/shrubs (0.50m).
PZ 2004 108 · gr (Art. 96 cpv. 3 LICC)
Neighbor Tree Encroachment Enforcement Time-Barred Dismissal Overturned
Cited to confirm that the five-year limitation period for raising opposition, running from the time of planting, was respected, justifying the decision to reopen the case.
PKG 1996 16 · gr (Art. 96 Abs. 1 Ziff. 4 EGzZGB)
Hedge Trimming Height Measurement and Imprescriptible Claim
Basis for the rule regarding setbacks for smaller garden trees and bushes, and the claim for annual pruning.
PKG 2013 5 · gr (Art. 96 Abs. 1 Ziff. 4 EGzZGB)
Hedge Boundary Disputes Shift from Civil to Administrative Law
The court mentioned this article in contrast to Art. 76 Abs. 5 KRG, concluding it was inapplicable because the plants served as a hedge (Einfriedungszweck) and not as small garden trees/shrubs.