If your neighbor does not respect the rules of height or spacing of trees, he exposes himself to measures against his plantations: there are several recourses against an unruly neighbor who does not take the time to cut his part of the adjacent hedge. First of all, it is advisable to talk to him directly to identify the problem (delay, physical disability, refusal …). Be careful, if your neighbor`s tree has exceeded the maximum height for more than thirty years, you can not request its felling. However, if the tree in question dies, any new planting must take place at legal intervals. If branches invade your property or if leaves and fruits fall in your garden, you have the right to impose the pruning or pruning of hedges on your neighbourhood. You should also know that you own the fruits that fall naturally on your soil and that unless you have the written consent of your neighbor, you should never cut the branches that you pass yourself. The distance is calculated from the center of the trunk of the tree, the height is measured from the ground to the top of the planting. In the event that an adjacent fence separates the two plots, no distance is imposed, but the height should not exceed that of the wall. You can decide to plant a hedge next to your neighbor, in this case, the care and pruning of the hedge and harvested fruits should be divided into two parts. A signed agreement is recommended. If the hedge in question consists of trees and the neighbor`s branches overflow into the neighbor`s house, the neighbor can ask the owner to cut them. On the other hand, he does not have the right to do it himself. Cause of neighborhood conflicts, the care of hedges, trees and shrubs responds to a regulation that must be known.
Here are the housing rules to know. Hello, my neighbor trimmed our hedge on his side and took the opportunity to cut an important window to see the sea over a distance of 2 m without asking our opinion. We do not accept what he has done, and that bothers us. We talked, told him it was our hedge, but nothing or done; He replied that he had bought the house with the part of the hedge to see the sea, but this gentleman cut much larger to have a beautiful view of the sea. Now I would like to know for the allowed height of 2 m, with the neighbor we have a height difference of 1 m, it is higher, so our hedges at home do not reach 2m. Find a qualified pruning shears near you. If a hedge protrudes from the neighbor`s house, its maintenance is the responsibility of the neighbor with whom the tree is planted. You must therefore ask permission to visit the neighbor to possibly cut your hedge if he does not want to maintain it himself.
In this case, the Civil Code applies, in particular articles 671, 672 and 673 of the Civil Code: trees and shrubs, if they are more than 2 m high, must be planted at a minimum distance of 2 m from the property line, if the height is less than 2 m, a minimum distance of 0.50 m is maintained. The planting distance is calculated from the separation limit in the middle of the tree. The height is measured from the ground to the top of the plant. If the adjacent hedge bears fruit or consists of fruit trees, the crop is divided equally between the two neighbors. As long as the co-ownership is not called into question, this equal division applies legally. If they wish, neighbours can opt for another amicable settlement. If your neighbour refuses to cut his hedge, you can use mediation or the arbitrator to find an amicable solution. You can also ask the mayor of your municipality to intervene. As a last resort, contact the district court so that a judge can come and see the disturbance on your land and take action. It is advisable to trim the 2 sides of the hedge at the same time. We see that planting a hedge also requires taking care of it: there are two types of regulations to know how far a tree should grow according to its height. By revising the rules, you can avoid conflicts with your neighbors.
So inform yourself: despite this shared responsibility, each master remains of his homeland and can decide to get rid of the part of the hedge on his land. “The co-owner of a terrace hedge may destroy it up to the limit of his property,” says article 668 of the Civil Code. In this situation, the consent of the neighbour is not required. Your neighbor has a duty to cut his hedges. You can reach an amicable agreement, but what happens if he doesn`t agree? In this case, a registered letter with acknowledgment of receipt must be sent. If, unfortunately, your neighbor is still not ready to trim his hedge, the magistrate`s court judge will decide. To avoid chemical weeding, pruning is allowed at the foot of the hedges, but without the possibility of cutting the branches. In addition, no penalty will be imposed if the face appears for safety reasons imposed by an external authority or if there is a specific problem (for example, a branch touching an electric fence). A garden hedge should not exceed 2 m in height if you have planted it less than 2 m around the fence.
There is no height limit for hedges planted more than 2m from the edge of your land. Simple and functional, the metal fence remains one of the most cost-effective systems to install. The fence mesh is very affordable: the price of a chain link fence made of a plasticized mesh 1 meter high in roll is on average 10 € TTC per ml (linear meter). The height of a tree is measured from the ground to the highest point of the tree. If there is no local rule, the minimum distance of respect from the neighboring land varies according to the height of your plantation: in the absence of special provision and in accordance with the provisions of article 671 of the Civil Code, you can not have a tree with a height greater than 2 meters if it is planted less than 2 meters from the fence of your neighbor. If it exceeds this height by 2 meters, it must be cut. If the hedge is not maintained when leaving the premises, a tenant may receive a deduction (partial or total) from his deposit to pay the garden fees paid by the owner. If you have legal aid coverage, it can help. After a final attempt at an amicable settlement, the lawyer may bear the costs of expertise, bailiff and lawyer`s fees.