According to her, a common mistake is to think that such a situation is regulated only by the Law on Gardening Associations and that everything should be addressed to a single institution.
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In fact, it is necessary to distinguish:
- a simply aesthetically unattractive plot;
- a violation of the association’s internal rules;
- a violation of municipal maintenance and cleanliness rules;
- land not being maintained so that it is no longer suitable for its intended use;
- accumulation of waste or environmental pollution;
- a specific violation of a neighbor’s property rights.
Ownership does not mean the right to leave the plot in any condition
Legislation does not require that every garden plot have perfectly mowed grass or flower beds arranged according to the neighbor’s taste. However, ownership rights do not grant the right to harm others by inaction.
Article 22, paragraph 4, point 2 of the Law on Gardening Associations obliges a member of the association to properly use and maintain the garden plot, not to harm the users of neighboring plots and the environment, and to take measures against plant pests, diseases, invasive species, and the spread of plants to neighboring plots. A similar obligation applies to owners or users of plots not belonging to the association.
“So the statement ‘this is my private plot, so I do whatever I want’ is not legally justified if weeds, invasive plants, pests, waste, or other consequences are already causing harm to others,” emphasized R. Joskaudienė.
What can the gardening association do?
First, it is necessary to check the specific association’s:
- statutes;
- internal rules;
- decisions made at the general meeting of members.
Article 12 of the Law on Gardening Associations allows regulating quiet hours, waste management, conditions for keeping small domestic animals, maintenance of common use objects, and other communal living issues in the internal rules. These rules are mandatory not only for association members but for all persons who have acquired garden plots within the association’s territory and visitors.
Therefore, a written complaint can be submitted to the association’s chairman or board, requesting to:
1. register the notification;
2. assess whether the association’s rules have been violated;
3. contact the plot owner in writing;
4. set a deadline to eliminate the violations;
5. if justified, forward the information to the competent authority.
“However, it is important to understand: the gardening association is not a municipality or an inspection. It usually cannot impose administrative fines, enter private plots arbitrarily, remove waste, or mow grass without the owner’s consent or another clear legal basis,” emphasized R. Joskaudienė.
Abandoned, unmowed, and weed-covered plot – first to the municipality
If it concerns tall grass, weeds, unmowed territory, disorder, or non-compliance with local cleanliness requirements, one should first contact:
- municipal administration;
- municipal Public Order division;
- eldership – according to the procedure established in the specific municipality.
The State Territorial Planning and Construction Inspectorate (VTPSI) itself has clarified that control of abandoned, unmowed, and weed-covered plots primarily belongs to municipalities, which apply their council-approved maintenance and cleanliness rules.
For violation of municipal maintenance and cleanliness rules, Article 366 of the Code of Administrative Offenses currently provides a warning or a fine from 20 to 140 EUR, and for repeated violations – from 140 to 600 EUR. However, liability is possible only after establishing a specific violation of the respective municipality’s rules, not just because a neighbor dislikes the appearance of the plot.
Is it possible to apply to VTPSI for land use not according to its purpose?
Tall grass or weeds alone do not necessarily mean that the land is used not according to its purpose.
Therefore, just because a plot looks abandoned, applying to VTPSI may not be the most appropriate first step.
However, VTPSI competence may arise if the factual circumstances show that:
- the land is used not according to the main purpose or use method established in the Real Estate Register;
- the plot is generally not maintained so that it can be used according to its main purpose;
- plot boundaries are violated;
- foreign or state land is occupied arbitrarily.
Article 333, paragraph 1 of the Code of Administrative Offenses provides a warning or a fine from 70 to 140 EUR for not maintaining up to 3 hectares of land so that it is suitable for use according to its main purpose, and for repeated violations – from 140 to 300 EUR. Investigation of violations listed in paragraphs 1–6 of this article is currently assigned to VTPSI.
“So in a complaint, it is not enough to write: ‘the plot is abandoned.’ It should be specifically justified why its condition no longer allows the land to be used according to the established purpose,” emphasized R. Joskaudienė.
What have the courts said?
On November 21, 2019, the Kaunas District Court in administrative offense case No. AN2-499-919/2019 examined a case where a garden plot was abandoned, overgrown with trees and bushes, and amateur gardening activities were not carried out there. The plot owner was left with a warning under Article 333, paragraph 1 of the Code of Administrative Offenses.
“This example shows that in certain cases, long-term and complete neglect of a plot can be assessed not just as an aesthetic order issue but as land not maintained for use according to its purpose.
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However, this case was accepted when the competence of institutions was distributed differently. Therefore, currently, a simple issue of unmowing and local order should be addressed at the municipality, and an application to VTPSI should be based on specific violations of land use requirements,” said R. Joskaudienė.
If waste is accumulated on the plot
It is necessary to distinguish old items from waste.
According to the lawyer, the mere fact that items that look unpleasant to a neighbor are kept on the plot does not in itself mean illegal waste management. However, she says that if the plot is effectively turned into a landfill, waste is burned, emits odors, pollutes soil, water, or poses other environmental hazards, one can contact:
- the municipality regarding local cleanliness and waste management rules;
- the Environmental Protection Department regarding possible pollution or illegal waste management;
- emergency services if waste is being burned at that moment or there is a direct danger.
“The Environmental Protection Department investigates waste-contaminated areas based on residents’ reports and can require their cleanup and identify the polluter,” said R. Joskaudienė.
And if the dispute arises over domestic or farm animals?
Animal keeping can be regulated both by the association’s internal rules and general state requirements and specific municipal rules. Therefore, conditions for keeping animals may differ in different municipalities.
The institution is chosen according to the violation:
- for non-compliance with municipal animal keeping rules, stray or unattended animals – municipality;
- for improper keeping conditions, neglect, or animal welfare – VMVT (State Food and Veterinary Service);
- for aggressive animals or direct threats to people – police or 112 emergency number.
Municipalities approve and control local animal keeping rules, while VMVT carries out animal welfare control.
How are disputes over trees, bushes, and hedges resolved?
The Law on Gardening Associations sets specific distances:
- tall trees over 3 meters – no closer than 3 meters from the plot boundary;
- in the northern part of the plot, such trees can be planted closer than 5 meters only with written consent of the neighbor;
- low trees growing up to 3 meters – no closer than 2 meters;
- bushes – no closer than 1 meter;
- closer planting is allowed with written consent of the neighboring plot owner.
“If a dispute arises over a long-planted tree, it is necessary to assess the planting time, the requirements in force at that time, possible agreements between neighbors, and the real impact on the other plot.
Article 4.42 of the Civil Code allows cutting roots or branches of a neighbor’s plants that have entered your plot only when:
1. the neighbor was previously warned;
2. a deadline was set for removing the branches or roots;
3. the neighbor did not do so within the deadline;
4. the branches or roots actually interfere with the use of the plot.
This provision does not grant the right to arbitrarily enter the neighbor’s plot or cut down the entire tree,” emphasized R. Joskaudienė.
What to do?
First. Document not general dissatisfaction but a specific violation: dates, photos, videos, type of waste, plant spread, odors, pests, entry of branches or roots, danger posed by animals.
Second. Check the association’s and specific municipality’s rules. Different municipalities may set different territory maintenance requirements.
Third. Write to the plot owner and the association’s management body. Indicate the violation, attach evidence, and set a reasonable deadline for its removal.
Fourth. Submit the complaint to the institution responsible for the specific violation. The same abstract complaint to five institutions is usually not the most effective way.
Fifth. If the violation continues and specifically limits the ability to use the private plot, one can demand the removal of ownership rights violations and, if damage is proven, request compensation. Article 4.98 of the Civil Code gives the owner the right to demand the removal of violations of their ownership rights, even if they have not lost control of their property.
In neighborhood disputes, it is especially advisable to try mediation before going to court. The court can resolve the legal claim but may not restore relationships between people who will continue to live next to each other.
The most important rule
The complaint should not be limited to the sentence: “The neighbor’s plot is terrible and untidy.”
It is much more effective to state:
According to R. Joskaudienė, the law protects not against a neighbor’s aesthetics or lifestyle that we do not like. It protects against a specific legal requirement and violation of our legitimate interests.
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