Can neighbours in France force you to cut down trees?

In France, there are specific rules about where you can plant trees and how tall they are allowed to grow when they are close to a neighbour’s property.

The key point is that local rules or long-standing customs may apply in each commune, so it is always worth checking with your mairie before planting anything near a boundary.

If there are no local rules in place, national law applies. Under Article 671 of the French Civil Code, a planting that does not exceed two metres in height may be placed as close as 0.5 metres from the boundary line of a neighbouring property.

If the planting is expected to grow above two metres, it must be planted at least two metres away from the boundary.

Height is measured from the ground to the top of the plant, while distance is measured from the centre of the trunk.

There is one important exception where a boundary wall exists. Trees, shrubs and other plantings trained along a wall (espaliers) can be planted directly against it without any minimum distance, as long as they do not grow higher than the top of the wall. If the wall is privately owned rather than shared, only the owner can attach plantings to it.

The legal rules surrounding tree removal

If these rules are not followed, a neighbour can ask for the tree to be removed or cut back to legal height.

There are a few situations where you may be able to challenge this. This includes where there is a written agreement allowing the planting, where the tree already existed before the land was divided (destination du père de famille), or where it has exceeded the legal height continuously for more than 30 years.

If none of these apply, the neighbour is entitled to make a formal request. In practice, this usually starts with trying to reach an amicable solution first. If that fails, the matter may go through conciliation or mediation. Only if this fails can the matter be brought before a court. 

Additionally, as a general rule, you are responsible for cutting back any branches that extend onto your neighbour’s property, and while they can ask you to do it, they are not allowed to cut them themselves.

On the other hand, roots, brambles or other growth that crosses the boundary can be cut back by the neighbour at the edge of their property.

Picking fruit from a neighbour’s tree

In addition, your neighbour cannot pick fruit or flowers from your tree, even if the branches overhang their land, but they are allowed to keep any fruit that falls naturally onto their property. This of course applies in reverse too. 

It is also important to note that in areas of France where there are high risks of wildfires, such as the Ardèche, Corsica, Occitanie and the Provence-Alpes-Côte d’Azur region, homeowners who live within 200m of woodland are obliged to cut back vegetation considered a fire risk.

This can include pruning trees and shrubs, but also raking cuttings, leaves and brambles from the ground. You are required to do this within a 50-metre radius of your home and for a depth of 10 metres on either side of any road or path leading to your property.