Neighbour disputes in Estonia: noise, trees, fences and access

What noise, smells and smoke must be tolerated?

The owner of an immovable may not prohibit gas, smoke, steam, smells, soot, heat, noise, vibration and other similar effects from another property from spreading onto their property if this does not substantially impair the use of the property and does not breach environmental protection requirements (AÕS § 143 lg 1) [1]. The threshold is therefore substantial impairment: the ordinary effects of living next to each other must be tolerated.

• Deliberate directing is always prohibited. „Mõjutuste tahtlik suunamine naaberkinnisasjale on keelatud.“ [1] (translation: deliberately directing effects onto a neighbouring property is prohibited; AÕS § 143 lg 1)
• Compensation for having to tolerate. If an effect substantially impairs the use of the property but its removal cannot economically be expected of the source, the owner may demand reasonable compensation from the owner of the property causing it (AÕS § 143 lg 2) [1].
• Noise limits are not the only yardstick. According to the Supreme Court (Riigikohus), noise spreading onto a property is a harmful effect, and where the noise limit values are exceeded the owner does not have to prove separately that the property is impaired; at the same time, even noise below the set limit values may substantially impair the use of a property (RK 3-2-1-104-12) [4].

An owner may demand that no structure or installation be built or kept on the neighbouring property if there is reason to assume that it will cause a prohibited effect on their property (AÕS § 144 lg 1) [5]. If it was built in accordance with the law, its removal may be demanded only after the prohibited effect has actually occurred (AÕS § 144 lg 2) [5].

Branches, roots, fruit and trees on the boundary

• Roots and branches over the boundary. An owner may cut off and keep the roots, branches and fruit of trees and bushes reaching onto their property from a neighbouring property if they impair the use of the property and the neighbour has not removed them within the time needed despite a warning (AÕS § 149 lg 1) [3]. So you must first warn the neighbour and give them time.
• Fruit. Fruit that has fallen onto your property from a tree or bush growing on the neighbouring property belongs to you (AÕS § 149 lg 3) [3]. If you allow the neighbour's branches to stay, you are entitled to the fruit of those branches to the extent the branch lies within your property (AÕS § 149 lg 2) [3].
• A tree on the boundary. Trees and bushes growing on the boundary are in the co-ownership of the neighbours (AÕS § 150) [6]. The fruit of a tree growing on the boundary and, when the tree is felled or falls, the tree itself belong to the neighbours in equal shares (AÕS § 149 lg 4) [3].

Fences, hedges and ditches on the boundary

If two properties are separated by a wall, hedge, ditch, flower bed or other similar thing, it is in the joint use of the neighbours regardless of who owns it (AÕS § 151 lg 1) [7]. It must not be used contrary to its purpose or in a way that causes damage to the neighbour (AÕS § 151 lg 2) [7]. If both neighbours use it, they bear the maintenance costs equally; if it is needed in the interests of one neighbour, it may not be removed or altered without their consent (AÕS § 151 lg 3) [7].

Building near the boundary

• Using the neighbour's land for building work. If a building can be built or repaired only by putting up scaffolding on or above the neighbouring property, transporting or placing building materials across or on it, or walking or driving across it, the neighbour must allow this if it is indispensable, on condition that compensation for any damage is ensured to them (AÕS § 147) [8].
• Risk of collapse. A building must be kept in such a condition that damage to the neighbouring property from its collapse or parts coming loose is ruled out; an owner whose property is endangered may demand that the person responsible remove the danger, and if that person is unknown, the possessor (AÕS § 145) [9].
• Excavation. Land must not be excavated so that the neighbouring property loses the necessary support of the ground or buildings on it are otherwise damaged; excavation is allowed if the person excavating installs other support or takes measures to prevent danger or damage (AÕS § 146) [10].
• A building over the boundary. If a building extends over the boundary without a real right but was built in good faith, the neighbour must allow it and may demand that the builder acquire the plot under the part of the building on their land or pay periodic compensation (AÕS § 148 lg 2) [11]. Removal of the part over the boundary may be demanded if the builder acted in bad faith or if the neighbour objected before construction began or, at the latest, while removing that part did not involve excessive costs (AÕS § 148 lg 3) [11].

Access to a road across a neighbour's land

An owner whose property lacks the necessary access from a road in public use may demand access across another person's property; the location, term of use and fee are agreed, and failing agreement the court determines the access and the fee, taking into account the interests of the owner of the burdened property (AÕS § 156 lg 1) [12]. Access cannot be demanded if the previous connection to the road was cut off by the owner's own will (AÕS § 156 lg 3) [12]. The court decides these matters in non-contentious (hagita) proceedings (TsMS § 475 lg 1 p 13¹) [13].

According to the Supreme Court, where a property already has access from a road in public use, a second access generally does not have to be provided; exceptional circumstances are required, and a mere business interest in using the property as profitably as possible is not enough (RK 2-19-15916/87) [14].

Noise in a block of flats and night-time quiet

An apartment owner must refrain from activities whose effect on other apartment owners exceeds the effects arising from ordinary use of property, and must tolerate effects that remain within those limits (KrtS § 31 lg 1 p 1 ja 2) [15]; § 143 of the Law of Property Act applies here (KrtS § 31 lg 3) [15]. The apartment owner must ensure that their family members, temporary residents and persons using the apartment also comply with these duties (KrtS § 31 lg 4) [15]. If an apartment owner substantially disturbs the exercise of the other apartment ownerships, the apartment owners may decide by majority vote to demand that they sell their apartment ownership (KrtS § 32 lg 1, lg 2 p 3 ja lg 3) [16].

Under the Law Enforcement Act, outside a public place it is prohibited between 22.00 and 6.00, and on the night before a day off between 00.00 and 7.00, to create noise or light effects that substantially disturb another person continuously or repeatedly (KorS § 56 lg 2) [17]. This does not apply, among other things, to noise made with the permission of the local authority or on the nights before 1 January, 25 February or 24 June (KorS § 56 lg 3 p 2 ja 3) [17].

What the law says

• „Mõjutuste tahtlik suunamine naaberkinnisasjale on keelatud.“ [1] (translation: deliberately directing effects onto a neighbouring property is prohibited; AÕS § 143 lg 1)
• „Omanikul on õigus nõuda omandiõiguse igasuguse rikkumise kõrvaldamist, isegi kui rikkumine ei ole seotud valduse kaotusega.“ [2] (translation: the owner has the right to demand the removal of any violation of the right of ownership, even if the violation is not connected with loss of possession; AÕS § 89) The claim is excluded if the owner is obliged to tolerate the violation (AÕS § 89) [2].
• „Piiril kasvavad puud ja põõsad on naabrite kaasomandis.“ [6] (translation: trees and bushes growing on the boundary are in the co-ownership of the neighbours; AÕS § 150)
• Where unlawful damage is being caused on a continuing basis, the cessation of the damaging conduct may be demanded (VÕS § 1055 lg 1) [18]; if such conduct must, on a reasonable view, be tolerated in human coexistence or because of a significant public interest, compensation for the damage may be claimed instead of cessation (VÕS § 1055 lg 2) [18].
• A private-law statutory restriction may be changed by an agreement between the owner and the entitled person, which is entered in the land register as a real right, above all as a servitude (AÕS § 141 lg 1¹) [19].

What to do

1. First talk to your neighbour and describe which effect substantially impairs the use of your property – the duty to tolerate ends only at substantial impairment (AÕS § 143 lg 1) [1].
2. If branches or roots impair the use of your property, warn the neighbour and give them the time needed to remove them; only then may you cut them off yourself (AÕS § 149 lg 1) [3]. It is sensible to give the warning in writing so that you can prove it later.
3. Gather evidence: for noise, measuring the limit values is not the only way, because even noise below the limit values may substantially impair use (RK 3-2-1-104-12) [4].
4. Have an agreement on access or another change to a statutory restriction entered in the land register as a servitude (AÕS § 141 lg 1¹) [19]; for access, agree on the location, term and fee (AÕS § 156 lg 1) [12].
5. If no agreement is reached, you may ask the court to order the violation removed and refrained from (AÕS § 89) [2] or, if removal of the substantial effect cannot economically be expected of the source, reasonable compensation (AÕS § 143 lg 2) [1]; access is determined by the court in non-contentious proceedings (AÕS § 156 lg 1; TsMS § 475 lg 1 p 13¹) [12] [13].

Frequently asked questions

May I cut off my neighbour's branches that hang over the boundary myself?

Yes, if the branches impair the use of your property and the neighbour has not removed them within the time needed despite your warning; you may keep the branches, roots and fruit you cut off (AÕS § 149 lg 1) [3].

Who owns the apples that fell into my garden from my neighbour's tree?

Fruit that has fallen onto your property belongs to you (AÕS § 149 lg 3) [3]. The fruit of a tree growing on the boundary belongs to the neighbours in equal shares (AÕS § 149 lg 4) [3].

Who pays for maintaining a fence or hedge on the boundary?

A wall, hedge, ditch or other similar thing on the boundary is in the joint use of the neighbours regardless of who owns it; if both neighbours use it, they bear the maintenance costs equally (AÕS § 151 lg 1 ja 3) [7].

Must my neighbour let me put scaffolding on their land to repair my house?

Yes, if the repair is possible only that way and it is indispensable; compensation for any damage must be ensured to the neighbour (AÕS § 147) [8].

What can I do if my neighbour makes noise at night?

Outside a public place it is prohibited between 22.00 and 6.00, and on the night before a day off between 00.00 and 7.00, to make noise that substantially disturbs another person continuously or repeatedly (KorS § 56 lg 2) [17]. In a block of flats, an apartment owner must refrain from activities whose effect on others exceeds the effects of ordinary use of property (KrtS § 31 lg 1 p 1) [15], and the owner may demand that the violation be removed and, if it is likely to recur, refrained from (AÕS § 89) [2].