Another boundary question

[Mishtoon]

HI there,

I have read the boundary thread a bit further below here but have a question about boundaries which is a bit different.

We have chickens and our neighbour (who is French) has a very long row of vines about 1 metre the other side of our boundary.  Our chickens have been going up each day and helping themselves to the grapes!  Of course he isn't happy and has complained.  We have therefore put the chickens back in their pen so they cannot get out but would prefer them to roam the garden so that means putting up a fence or chicken wire between our gardens so our chickens cannot get through.  We intend doing this, but really it was just for information that I wanted to know whose responsibility is it to put up the fence to keep the chickens away from the grapes, is it ours or is it his (seeing as he wants them protected!)

Secondly, our neighbours have lived in their house for around 40 years.  When they bought the house our house had no trees in it.  Previous neighbours have continuously planted over that timeframe and now our garden is full of loads of beautiful trees.  We understand that this is partly to help with moisture (the houses are on the side of a hill and there is a run off in winter of rain water).  Along our boundary (with the same neighbour) there is a long line of pine trees which are now very very high.  We love them, of course we would, that's one of the reasons we bought the house, but he has complained about the branches overhanging his side of the boundary.  Again, we don't have a problem if we have to cut them but..... I wanted to ask.  Whose responsibility is it to cut the branches, is it ours or his?

Thirdly, he hasn't yet asked but I suspect he is working up to asking us to cut down the trees completely.  Can he ask us to do this.   The trees are about 3 metres from his boundary, run the length of the boundary - about 30 metres - and are about 20 metres high.  His house is on the hill above our house so on higher ground but I would say that originally his view of the beautiful Lot Valley would have been wonderful without the trees there so I could guess he might like them cut.  He hasn't asked but if he does I want to be armed with our response.

So three questions:

1.  Re. the chickens - whose responsibility is it to put up a fence to protect his grapes;

2.  Whose responsibility is it to cut the overhanging branches on his side?;

3.  Can we be made to cut down the trees?

Many thanks,

[Clair]

1 - I am not sure if I understand correctly: is the row of vine growing over the boundary onto your land or are the chickens going over your neighbour's land to peck at the grapes? Fruit hanging over the boundary still belong to him but become yours once they fall on your land.

 

2 - If the trees are yours, it is your responsibility to maintain them so they do not grow over the boundary.

[quote]L'élagage des arbres : 

Tout

propriétaire est tenu de couper les branches de ses arbres lorsqu'elles

dépassent de la limite séparative et avancent sur le terrain voisin. Ce

dernier n'est pas en droit de le faire lui même (comme pour les

racines) mais peut contraindre le voisin. http://www.leparticulier.fr/vdq/logement/lire_fiche.asp?id_index=41&oparent_index=7&id_fiche=180[/quote]

3 - You cannot be made to cut the trees, but your neighbour can cut the roots without your permission if they grow over the boundary.

I am not an expert though...[:)]

[Clair]

forgot to add,

re 1 - it is your responsibility to ensure your animals do not cause damage to other people's property...

[Mishtoon]

 - I am not sure if I understand correctly: is the row of vine growing over the boundary onto your land or are the chickens going over your neighbour's land to peck at the grapes? Fruit hanging over the boundary still belong to him but become yours once they fall on your land

Hi there,

Thanks for your responses.

The grapes are not overhanging into our garden.  The issue is one of our chickens getting under the (inadequate) fence to go and help themselves to the grapes!  I can see how annoying this would be so we are prepared to fence them in properly.