Tree complaints are only for nextdoor neighbours
Only immediate neighbours can oblige a property owner to prune any overhanging trees or bushes, one of France’s highest appeal courts has ruled.
The Cour de Cassation ruled that a strict interpretation of the term “neighbour” – meaning only people whose lands border each other – applies to France’s Civil Code, which refers to nuisance created by “the branches of a neighbour’s trees, shrubs and bushes”.
In the case of a tree which hangs over another property from across a road, there is no recourse, the court ruled.
It followed a complaint from property owners that a large cedar tree, similar to the one pictured, in the garden of a property on the other side of a rural road was dropping twigs and leaves into their pool and on to an outbuilding.
The couple asked for €1,000 for being denied the right to enjoy their pool to the full. In cases when the pruning obligation is applicable, the Court of Cassation has said it must be complied with, regardless of the consequences for the tree.
In July 2016, it ruled that any property owner had an “imprescriptible” right to enforce his property line, without taking into account the age or import-ance of any trees.
