General information, not legal advice. This answer was written by the PhilippineLaws team from the law it cites and checked for accuracy to the best of our knowledge, last on Sep 29, 2026. It has not been reviewed by a lawyer. Read the cited law yourself, and for your own situation talk to a lawyer or the Public Attorney’s Office (PAO).
Can I cut down tree branches or roots from a neighbor's tree that cross into my property?
Under Article 680 of the Civil Code, you can cut tree roots that penetrate into your land yourself; however, you cannot cut overhanging branches on your own. You must formally demand that your neighbor cut the overhanging branches, and if they refuse, you can compel them through the barangay or court.
Illustrated Legal Brief
Full Plate- You CAN cut them yourself directly
- Must stay strictly within your boundary line
- No prior consent or demand required by law
- Lawful remedy to protect foundations & fences
- You CANNOT cut them yourself without consent
- Must formally demand that the owner cut them
- Barangay conciliation if the neighbor refuses
- Naturally fallen fruits belong to you
Cutting down a neighbor's branches without demand or consent can expose you to liability for damages and malicious mischief.
Why
Disputes over neighborly trees and property boundaries are governed by Articles 679, 680, and 681 of the Civil Code of the Philippines, which draw a sharp legal distinction between invading roots below ground and overhanging branches in the air.
Under Article 680, if the roots of a neighbor's tree penetrate into your land, you have the immediate legal right to cut them off yourself within the boundaries of your property. You do not need to seek permission or wait for the tree owner to act before severing invasive roots that threaten your foundation, driveway, or garden.
However, the rule for branches is strictly the opposite. Under the same Article 680, if the branches of a neighbor's tree extend over your property, you do NOT have the authority to cut them down yourself. The law states that you 'may demand that they be cut off' by the tree owner. Taking a saw or shears to cut down your neighbor's tree branches without their consent is considered an act of self-help and can make you civilly liable for damages or criminally liable for malicious mischief under the Revised Penal Code.
Fruits are governed by Article 681: fruits that naturally fall from a neighbor's tree onto your land belong to you by operation of law. However, you are not allowed to shake the branches, throw rocks, or pluck fruits directly from branches that are still attached to the neighbor's tree.
If an overhanging branch is rotten, unstable, or endangers people or structures below, it constitutes a legal nuisance under Article 694 of the Civil Code, which empowers the barangay or local engineering office to order its urgent pruning or abatement.
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