Good to know

Some usefull informations about French laws

Do you own one or more trees ? Do you have obligations ? We take stock.

Respecting planting distances

The 671 article from the french Code civil says :

• If the tree measures more than 2 m: you must respect a minimum distance of 2 m between the axis of the tree and the boundary which separates your property from that of your neighbor.
• If the tree or shrub is less than 2 m: the minimum distance to respect is 0.50 m.
• If a dividing wall exists between the two lands, each owner can plant trees and shrubs on their side of the wall, provided that these plants do not exceed the top.

If your plantations do not observe these distances, you will have to take the necessary measures to comply, by pruning the tree or felling it.

Trees extend from your property onto your neighbor’s property

All owners are required to prune their trees and trim their hedges before their green spaces disturb the neighborhood. The law on the subject is very clear: you have the obligation to prune every tree that extends onto someone else’s property.

• The branches of your tree protrude from your neighbor’s house: you must cut the branches of your tree up to the level of the dividing line between the two properties.
• If there are roots, brambles or twigs that extend onto your neighbor’s land: the latter has the right to cut them down to the dividing line himself, without having to obtain your consent.

The special case of pruning near power lines

Whether the tree pruning is carried out by you or by an approved professional, the most important thing is that Enedis (the electricity network manager) is informed.

In all other cases, it is up to Enedis to carry out the pruning. The Energy Code gives it the right to cut down trees and branches close to the electricity network and likely to cause short circuits or damage.

Enedis must inform you of its intervention. The cut wood and branches are then stored, then left at your disposal at the edge of the trench. If the company agrees, the branches can be removed at your request.

How to force your neighbor to prune their trees?

Are the branches of your neighbor’s tree overhanging your property? Please note that you are not allowed to cut them yourself, unless they are roots, brambles or twigs. Only your neighbor can prune their trees.

Does your neighbor refuse to prune or does not respond to you? According to article 673 of the Civil Code, you can force him to do so. To do this, start by sending them a registered letter with acknowledgment of receipt, and, if the situation does not change, you can take the matter to court.

The judge can force your neighbor to maintain his trees and demand payment of a penalty, to be paid for each day of delay.

Who, the owner or the tenant, should prune the trees?

Are you renting a property with a garden and wondering who should prune the trees?

According to article 7 of the law of July 6, 1989, “the tenant is obliged to take responsibility for the routine maintenance of the accommodation”. This means that tree pruning is the responsibility of the tenant. These obligations appear on the rental lease.

Tree pruning and accident : what are the consequences?

Tree pruning allows you to limit or structure the development of a tree by pruning its branches. This operation meets numerous objectives, both aesthetic and safety.

As the owner of the land, you are responsible for your trees and the accidents they may cause.

We hope we have answered your questions about managing your trees, but if anything is unclear to you, please do not hesitate to contact us to discuss.