Reader Question: We have a hedge that is growing on our neighbors property. Who is responsible for cutting those branches beyond the boundary of the property: ours or theirs?
Owners are always responsible for their own garden, plants and trees. This includes plants or trees that encroach on their neighbors’ property.
If you have a hedge that overhangs your neighbor’s property, then it is your responsibility to trim these branches.
In accordance with article 673 of the French civil codeThey can also legally be asked to cut it.
“Any person whose property is invaded by the branches of a neighbor’s trees, shrubs or bushes may compel the neighbor to cut them down,” the code says.
Without your permission, your neighbors are not allowed to cut these branches in case they damage your hedge.
The exception to this are “roots, brambles and twigs”, which the neighbor can cut without your consent.
You can give permission to your neighbor to cut those branches even though it is your responsibility.
They can choose to do it, as per the law, but it is worth talking to them about the situation, as they can be happy to do it themselves.
Even if your neighbors are not legally allowed to cut the branches of your hedge, if your hedge consists of fruit trees, then they are entitled to any fruit that falls on their property.
The laws and rules about your garden and its border with your neighbors are very strict. In general, never touch what does not belong to you even if it is on your property.
The rules for a mcitizen sepa difference
Your hedge could actually be a next to hedge, which is a hedge that belongs to the two neighbors.
If the hedge that separates your property from your neighbor’s property is located at the boundary of your properties, then it is a next to hedge
If it separates your property but is firmly located on your property, then it belongs to you.
You can check where it is via the cadastre (cadastral plan), which you can find here.
You may also be able to request plans from the local municipality that show whether a hedge is adjacent or not, in cases where it is not clear.
Your hedge also automatically becomes a next to hedge if both neighbors take care of it for thirty years, no matter who owns the property.
If it is a next to hedge, then different rules apply. Each neighbor is responsible for the hedge on his property and anything in the hedge belongs equally to each neighbor.
Each neighbor still has control over their own yard, which means you can decide to remove the hedge on your property. If you choose to do that, you will have to replace it with a wall.
Read more: Explanation: Rights and obligations for common garden walls in France
In the case of a dispute, the new rules mean that you will now have to try to resolve your case amicably through a conciliator before you can take the matter to court.
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