Urbanisation bans all plants in my own garden

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Urbanisation bans all plants in my own garden

Postby ramondunya » Wed Jun 19, 2019 2:33 pm

I’ve a townhouse in costa tropical since 2010.I chose it for one reason ,it had a small useable 75. Sq. m back garden
One in which I planted a few herbs ,grasses, and three papayas.There was no regulation then back in 2010 against plants , indeed the then President frequently visited us and admired our plants and shared our herbs .
But about 5 years ago after someone in the urbanisation had a drain blocked by the roots of a neighbours creeper plant like ivy the urbanisation comittee then decided from then on to veto plants and voted to ban all plants growing in in the ground , unless in pots.From my point of view this regulation was over the top ,like throwing the baby out with the bath water
Most Spanish people have trees bushes or plants in their gardens ,and only rarely do drains get blocked.The community decided on the recommendation of the president that my horticulture would possibly block drains damage foundations attract vermin and insects was-a health-risk and so on and. So forth..
Me I just listened and did nothing as my Spanish neighbours advised so I ignored their local imposed ban.
But after one or two AGMs of the housing association the then president and residents etc ramped up their indignation at being disobeyed and ganged up on me , the reason ?...we’ll they for one thing they had nothing much else to discuss at their annual AGM ,..except my garden..And as I would not dig up my plants and papayas, they then started trespassing in my garden in my absence ,and vandalised my plants ,and when that didn’t deter me they then decided to take me to court raising a £1000 fighting fund..and this is all over a few plants ! They hired a lawyer who quoted Spanish codes 521 &522 which are referring to overhanging trees which offend neighbours.
So Basically I have now cut down my papayas and resisted my lemongrass away from the boundaries to a specified 2 m distance.
So I conform to the Spanish codes no problem but obviously not the housing associations arbitrary rules.They are still threatening to take me to court and they have their own agenda ,of ganging up on me ,saying I would have in any event have to pay court costs ..even though I am not the one complaining.
It is a nightmare I the sun , scenario ,.And just because I won’t concrete over my garden and tile it , as all the others do.
My lawyers who work in the same town as the prosecuting lawyer , conflict of interest ? my fear , now seem to be saying
That I’ll end up..in court and it will cost a lot, and the other side has an enormous chance of winning.Who side are they on.
Indeed they added it might be better for you , to move out and find a place where you can garden.
If it were only a case of finding and that easy to do !,..
Has anyone any advice for me, I didn’t buy a place in the sun to meet this type of dictatorship just over me beingable togarden to relax Yet the ones causing this problem,ie the complainants...are guess what ...My dear fellow countrymen and women my expat neighbours..Paradoxically it is not the Spanish neighbours ...They couldn’t care less about having trees in your own garden they say makes it more beautiful.Anyway the Spanish are to busy trying to earn a living rather than lying on sunbeds etc with nothing much to do, earnestly discussing. Brexit ? You’d think that would be their main preoccupation and the effect it will have on those expats from U.K. who have retired and sold up to live in Spain oh no ..you’d be wrong it’s my garden.I give up it’s just a question of priorities I suppose..

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Re: Urbanisation bans all plants in my own garden

Postby Peztis » Tue Oct 15, 2019 10:52 am

First of all, the vermin complaint is utter rubbish as the plants in my pots are as full of them as the flowers planted in ground.

Some plants have more invasive roots than others, I have a palm tree that someone planted too close to the garden wall and the palm tree roots are now breaking it apart. So of course there can be problems with roots. That in turn can be handed quite nicely with just planting in a pot and then plant the pot in he ground. Take care of drainage, though. As an extra precaution, there are these plastic wrapping that can be placed in the hole so the roots can't get out but the water can.

Papaya seems to have very shallow root system so they would not make any damage to buildings etc.
I'd be more concerned with water standing still in the flower pots and all wonderful mosquitoes and things that thrives in that environment.

If the neighbours are wrecking your little garden, isn't that trespassing?

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Re: Urbanisation bans all plants in my own garden

Postby jhonie99 » Tue Oct 15, 2019 12:39 pm

I presume u made a typo.........it's art591 and 592 of the Codigo Civil.

The distances are general but can be defined at townhall level also. For instance, for us, a bush - half metre; normal tree - 1 metre; palm -3m; euculytus - 6m, etc.
The neighbour can cut overhanging branches and also cut trespassing roots.

Provided your plants are the required distance from boundary, I can't imagine the courts condemning you. If your plants have caused damage let them prove it. Just because someone else's plants caused damage is irrelevant.

Don't think Horizontal law can prevent you from having plants as that would be a human rights issue.

Your house insurance might have a legal department to talk to?

Do your neighbours have cats ? dogs ? I just remembered that I must put antifreeze in the car, lol.

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Re: Urbanisation bans all plants in my own garden

Postby Weescottie » Thu Oct 17, 2019 7:51 am

Antifreeze, even if you’re joking this is so not funny. I lost a cat to anti-freeze poisoning, a neighbour in Scotland put down poisoned bait to stop badgers digging up his garden. My cat died the most horrific death.

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