It’s a tricky situation: although trees are a source of beauty, they are also frequent sources of conflict between neighbors. A neighbor’s tree may grow in such a way that branches or roots encroach on your yard, causing actual or potential damage. If you’re faced with such a situation, understand your rights so you can decide how to remedy it.
What the law says about your neighbor’s overhanging branches
The law clearly states thatno person has the right to plant a tree on the boundary of his neighbor’s gardenprovided that strict distances are respected, as set out in article 671 of the French Civil Code. In particular, trees over 2 metres tall must be planted at least 2 metres from a dividing line. For trees less than 2 metres tall, the required distance is 50 cm from your property.
As you can see, you can ask your neighbor to remove a tree, or reduce it to a certain height, if it does not respect the distances required by law. If, on the other hand, the tree is planted at a reasonable distance, article 673 of the Civil Code states that you have the right to require your neighbor to cut back the branches that enter your property
Am I allowed to cut branches that enter my property?
Without your neighbor’s written approval, the answer is no. You don’t have the right to take the initiative in cutting branches that protrude into your property. However, you can calmly discuss the matter with your neighbor to reach an agreement: either he will cut the overhanging branches himself, or he will issue you with a written agreement allowing you to do it yourself. This is to avoid any disputes. However, you have every right to demand that your neighbor cut back the branches.
Be careful, though, because the rules change when it comes to brambles, roots and fruit on your property. In this case, the law states that you have the right to cut these elements yourself if they penetrate the dividing line between the 2 properties. And you don’t even need your neighbor’s permission. So you see, fruit that accidentally falls on your property is now yours to keep.! But you can’t pick them. You only own them if they’ve fallen on your soil.
To maintain good neighborly relations, we first opt for an amicable agreement before directly launching the electric hedge trimmer. To be more precise, talk to your neighbor to agree on a common solution (ideally in writing). If, on the other hand, your neighbor is not open to discussion, you can ask a third party to intervene (a landlord if the neighbor is a tenant, a condominium manager or a municipal official). Legal action is recommended only as a last resort.
