Neighbour's Trees

[gail]

I am having problems with my English next door neighbour's very very tall trees. They are over 100ft high and hanging over my property, leaves and branches are falling everywhere onto my lawn and drive.  I am nervous to park cars in my drive,worrying that they may get damaged.  The owner does not live on the property but lives in the nearby village.  I have repeatedly asked him to get the trees down or trimmed on my side at least, but I either get verbal abuse or the telephone slammed down on me.  Can anyone please advise of the laws regarding old old oak trees and others, becoming a nuisance, before I visit my Marie.

Many thanks

[buelligan]

Before doing anything, I would advise you to consider; were the trees there before you moved in?  You can move if you don't want to live with the trees - they cannot.  Please, please think again!  Oak trees are wonderful things, they take a very long time to grow and offer habitat to a huge number of organisms - do you really want to be the one who damages them?

[Clair]

The tree owner is responsible for ensuring the trees do not encroach beyond the boundary. By law, you, the neighbour, cannot cut the overhanging branches (though you can cut the roots if they invade your land, up to the boundary).

Local by-laws may apply in regard to the planting distance. Check at the mairie.

If there are no by-laws, Art.671 of the code civil applies:

Trees over 2m high should be planted no closer than 2m from the boundary (distance measured from the centre of the trunk)

Tree under 2m high should be planted no closer than 0.50m from the boundary.

As per Art. 673 of the code civil, you can make your neighbour cut the offending branches.

Send your neighbour a registered letter with proof of delivery, quoting the relevant legislation (sample letter here).

If this does not move him, you can ask a huissier to witness the situation (his report is a legal document).

If the situation does not improve, you can

use the report to assign your neighbour before the court (tribunal d'instance of your dept). You do not need an avocat to represent you.

[dandaz]

Do you know if any trees in France are protected ,my French next door says one of our trees is more tha 300 years old is protected....I don`t want to cut it down , I am just interested....

All the neighbours tree`s are coming in our garden ,he tells me to chop them if I want..

[AnOther]

I'm unclear as to whether your problem is with the height of the trees or the overhanging branches.

If the latter Clair has told you the law and how to proceed.

If the former, you bought a house with 100' trees on the boundary so you have 2 choices, live with them or move.

[Swissie]

It sounds harsh - but AnOther is right. We used to have a paddock behind us in the UK, and a tall mixed hedge separating our garden from said paddock. Against all expectations and a covenant (which did not hold as it was agreed in the 1920s with 3 owners in between) planning permission was given for a small cul-de-sac of private houses to be built there. The bungalow next to us was built only 6 ft from our hedge, with the kitchen door next to a tall elder. The old couple who bought the bungalow could clearly see the hedge when they visited the house twice - the hedge and elder were there the day they decided to buy the house, the day they signed the contract and the day they moved. They then requested that we cut the hedge and got rid of the elder (stains on slabs) - but we very politely declined. They went on and on, nasty letters, etc. We of course gave them permission to cut over-hanging branches, as per the law.

They told us they had bought that particular bungalow because it was much cheaper than the others!

[Mareille]

You could po int out to the owner of the trees that they are worth quite a bit of money if their timber is suitable for use in furniture, roofs or ideally barrels. If they are dropping branches then they might be deseased or dieing and will possibly need cutting down anyway

Chris

[Quillan]

Does anyone know the situation with trees that are originally planted 0.5M from the boundry because they are under 2M high but then they grow to 15M. Can you ask for something to be done.

[AnOther]

I don't see why not, it makes a total mockery of having the rules otherwise.

The practicalities of enforcement might be something else altogether of course, this being france and all...[blink]

[pachapapa]

[quote user="Quillan"]Does anyone know the situation with trees that are originally planted 0.5M from the boundry because they are under 2M high but then they grow to 15M. Can you ask for something to be done.[/quote]

Assuming that the boundary position was not redefined subsequent to the planting of the trees and that the trees are less than 30 years old; then in principle reduction to 2 metres height is in order.

If one of the first two assumptions prevails then on the death of a tree, etc, it cannot be replaced.

[Jo]

Copper nails???[Www]