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Boundary questions


Mishtoon
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Hi,

I would appreciate some advice on where we stand legally on the following. Our garden borders our neighbour's garden (a farmer). He keeps cows in the field in the winter. There are long-established trees plus bushes (such as butterfly bush) on our side of the boundary which are overhanging his field.

We have received a Sommation from the local Huissier to say that we are obliged to cut everything on the border to a height of 2 metres.

My question is this. Are we obliged legally to cut absolutely everything to a height of 2 metres? The reason I ask is that some of the trees are very attractive, long-established trees that have been there for many years (perhaps 30 years). They were planted before we owned the house.

Does the law that requires us to keep the 'plantations' to 2 metres in height apply to everything or only to trees and bushes planted after a certain date?

Many thanks for any help.
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If your plantings are within a metre of the boundary with your neighbour, they should be kept to a height of 2 metres. If they are at 2 metres from the boundary then they should be kept to 3 metres height. This usually applies to hedging, but I suppose if you have a difficult neighbour then he may insist on all trees, shrubs etc being cut.

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I have a graphic from a French gardening magazine that shows what the regulations are in easy terms.

I think that he's being difficult but why just call in a Huissier, hadn't he spoken to you about this previously to settle the discussion amicably?

If you send me an email with your email address, I'll send you a copy of the graphic.

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[quote user="Judie"]If your plantings are within a metre of the boundary with your neighbour, they should be kept to a height of 2 metres. If they are at 2 metres from the boundary then they should be kept to 3 metres height.[/quote]

The 1m distance and 3m height are new to me [8-)]. Could there be a local by-law in your area, Judie?

As far as I am aware, unless there is a local by-law, the maximum height is 2m for trees/bushes planted at the minimum distance of 0.50m from the boundary.

If planted at 2m or more from the boundary, there is no minimum height (Art. 671 of the Code Civil).

The distance is measured from the middle of the offending (!) trunk.

A local bye-law can over-ride this.

If the trees are over 30 years old, this does not apply.

As the tree owner, you are responsible for preventing branches overhanging your neighbour's land and he can force you to trim them back to the boundary.

More details here (in French).

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Thanks for your speedy responses.

As far as we are concerned, the trees were in the 'state' they are now when we bought the house in 2006 ie: lots of established bushes and trees along the border. Many of the trees which are long-established figs, walnut trees, cherry trees, are overhanging the border and are within the 2 metres of the boundary.

We have also questioned why he wants this drastic cutting back/killing of lovely trees now. He did not raise it with the previous (French) owners of the house.

I have no problem at all in cutting bushes and younger trees back and taking out trees which are dead and really could do with being removed. What I have a problem with is cutting healthy, older trees which are beautiful. To cut these to a height of 2 metres means in effect killing them as to take them to 2 metres means just leaving the trunk. That's what I want to understand - whether the law requires us to cut everything closer than two metres, irrespective of how long it has been standing there.

We don't want to fall out with him and it's not in anyone's interests that we do but at the same time we don't want to be pushed around by a pushy farmer because we are English and perhaps he feels, ill-informed about what the law requires us to do.

Sorry for the long ramble!!
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[quote user="Mishtoon"]but at the same time we don't want to be pushed around by a pushy farmer because we are English and perhaps he feels, ill-informed about what the law requires us to do. Sorry for the long ramble!![/quote]

How can you possibly think this without having spoken with him?

Do you even know that it is he who is responsible for the letter from the Hussier?

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If it was me, assuming that the rules given above are correct, I would go and see him, with an interpreter if necessary.

Ask him what's the problem? Could be a good reason eg he wants to plough up the field for planting.

Then perhaps offer a compromise ie clear the bushes and small stuff.

I wonder if there's some kind of legal protection for established, large trees?

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[quote user="Patf"]I wonder if there's some kind of legal protection for established, large trees?[/quote]

I touched on this in my previous post.

There is an exemption called "prescription trentenaire" which rests on Article 672 of the Code Civil, where the leagl distances described above can be ignored where it can be demonstrated that the distances have been ignored for 30 years.

Two other exemptions to the legal distances exist:

  • a legal document showing an agreement between neighbours
  • a previous division of the land forcing the distances to be under the legal requirement.
There is a good explanation (in French) of the law here (translation).

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Your last link is interesting Claire - sorry didn't read carefully your previous links. I did have something at the back of my mind about 30 years.

Near us there are several venerable trees planted (apparently) exactly at the point of division of one field or property from another.

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I have spoken to the farmer and explained that we would be prepared to cut but that it would take time.  We don't have the finances to pay someone.  I said we wanted to remain on good terms, wanted to resolve things amicably and had in fact already cut loads of bushes back (which he must have been able to see before he sent the letter).  I've written off to the Huissier to express my frustration as I have tried to resolve things amicably with him and am confused about why he has seen fit to send us a 'formal' letter.  Perhaps he doesn't feel we are doing the work quickly enough but the border is a long border with many many trees and bushes and we simply can't cut it all down quickly.  I've explained that to him, he seemed happy with that.  But now to receive this letter puts our relationship onto a different footing which I really didn't believe was necessary.  There you go.

We don't want to fall out with him, it suits no-one to do so, so we will cut down the said trees and bushes, but just not all in one go.

Many thanks for all the advice!

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[quote user="Mishtoon"]

We don't want to fall out with him, it suits no-one to do so, so we will cut down the said trees and bushes, but just not all in one go.

[/quote]

I think Clair has hit the nail on the head when she says - on page 1 of this thread:

<<As the tree owner, you are responsible for preventing branches

overhanging your neighbour's land and he can force you to trim them

back to the boundary.>>

It seems to me that the farmer is concerned as to the overhanging shrubs, trees, bushes and this letter is his way of 'forcing' you to trim back the offending plants. Perhaps he feels such plantings might be injurious to his cows.

Sue

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Hoping you get things sorted amicably Mishtoon.

There was a related question in this week's Rustica:

Someone asks if he can do anything about roots from a neighbour's trees causing bumps in his garden.

The reply: Even though you are forbidden to cut overhanging branches, this is not the case with roots which you can cut away up to the boundary. But tell your neighbour first, as he might do it himself.

Article 673 du Code civil. 

 

 

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