Trees on the boundary: the legal distance is measured from the centre of the trunk, not the bark

Imagine the scene: you own a lovely house in La Ciotat, with a garden where you planted cypress trees twenty years ago. Today, your neighbour demands they be cut down, claiming they are too close to the boundary. You measure: from the party wall to the bark, it is 55 centimetres. Article 671 of the Civil Code imposes a distance of 50 centimetres for plants under 2 metres high. You are safe, right? Not so fast. Because the contentious question is: should the measurement be taken to the bark or to the centre of the trunk? This simple nuance can tip the balance of your rights.

Every year, hundreds of neighbour disputes arise from a difference of a few centimetres. The Civil Code, in Article 671, sets minimum distances for planting: 50 centimetres from the boundary for trees under 2 metres, and 2 metres for taller trees. But the text is silent on the exact starting point: is it the outer edge of the tree or its central axis? The courts were divided. Some accepted measurement to the bark, others required the trunk axis. This created legal uncertainty, harmful to property owners.

The Court of Cassation settled the matter on 1 April 2009 (no joke!): the distance is calculated from the boundary line to the median axis of the trunk. In other words, it is not the visible part that counts, but the heart of the tree. This decision, handed down in a case between property owners in Cassis, has concrete consequences for all neighbours. Let's break it down.

The facts: a story like any other

The case began in Cassis, in the Bouches-du-Rhône. Mr and Mrs Y own a house with a garden. For years, they have maintained trees planted along the party wall separating them from their neighbours, Mr and Mrs X. The neighbours believe the trees are too close to the boundary. They sue Mr and Mrs Y to obtain pruning, or even removal, of the trees.

The conflict escalates. A bailiff is instructed to carry out an inspection. On 12 July 2000, he goes to the site and measures the distance between the party wall and the tree stumps. His findings are telling: the distances vary between 30 and 44 centimetres, depending on the tree, taking the outer bark as the reference point. Yet the law requires a distance of at least 50 centimetres for plants under 2 metres. Armed with this inspection, Mr and Mrs X seek a court order for the trees to be removed.

Mr and Mrs Y resist. They argue that the distance should be measured not to the bark, but to the axis of the trunk. According to them, using this starting point, some trees might be compliant. The Aix-en-Provence Court of Appeal agrees with them, but Mr and Mrs X appeal to the Court of Cassation. The Court of Cassation must therefore decide this point of law: how should the legal planting distance be measured?

The reasoning of the court — explained

The Court of Cassation had to interpret Article 671 of the Civil Code, which provides: 'It is only permitted to plant trees, shrubs and bushes at the distance prescribed by specific regulations, or by constant and recognised customs, and, failing regulations and customs, at a distance of two metres from the boundary line separating the two properties for plantations exceeding two metres in height, and at a distance of half a metre for other plantations.' The text does not specify whether this distance is measured to the bark or to the trunk axis. The judges therefore had to fill this legal gap.

In its judgment of 1 April 2009, the Court of Cassation quashed the Court of Appeal's decision and clearly stated: 'The legal distance provided for by Article 671 of the Civil Code is calculated between the boundary line separating the properties and the median axis of the tree trunks.' In plain English, it is not the bark that matters, but the centre of the tree. Why this choice? The Court considers that the median axis is a fixed and objective point, whereas the bark can vary depending on the species, age, or even seasons (swelling with water). The axis of the trunk is the true location of the tree, determining its growth and roots.

This reasoning confirms previous case law, but with a useful clarification. Lower courts were already supposed to refer to the median axis, but some went astray. Now the rule is clear. Mr and Mrs Y, who supported this interpretation, therefore win on principle, but the court of referral will have to verify whether, taking the median axis, the distances are still less than 50 centimetres. However, note: the bailiff's inspection measured distances of 30 to 44 cm to the bark, leaving little margin. If the trunk axis adds a few centimetres (the radius of the trunk), some trees might be saved. But others will remain non-compliant.

What this means for you — practically

This decision has immediate practical implications for all property owners, whether they are landlords, occupants or buyers. If you own land, you must now know that the legal distance is measured from the axis of the trunk. Concretely, if you plant a tree 50 centimetres from the boundary, you must take the central point. If your tree has a trunk radius of 10 cm, its outer bark will only be 40 cm from the boundary. So you are in breach! To be compliant, plant at 60 cm from the boundary (50 cm + trunk radius). This is good news for neighbours: they can insist on compliance with this rule.

If you are a tenant, you should know that your landlord may be held liable for non-compliant planting, but you can also be implicated if you planted yourself. Check distances with your neighbour before planting. For a buyer, when purchasing a house in Cassis or elsewhere, request a certificate of compliance for the plants or have a surveyor check. A latent dispute can affect the property's value. In a condominium, trees planted in common areas must respect these distances with neighbouring land, otherwise the condominium may be ordered to remove them.

Example: in La Ciotat, a property owner planted an ornamental olive tree 70 cm from the party wall (measured to the bark). The trunk has a radius of 15 cm. The legal distance to the axis is therefore 55 cm (70 - 15). The tree is 3 metres tall, so the required distance is 2 metres. The owner is in breach! The neighbour can demand its relocation or felling. Cost of felling: €200 to €500 depending on size. But if the case goes to court, legal fees and expert costs can exceed €3,000. Better to prevent.

undefined, I have seen cases where century-old trees were threatened because they were planted 1.80 m from the boundary (instead of 2 m). The owner had to cut them down, losing shade and landscape value. This decision reminds us that the rule is strict and that it is better to anticipate.

Four tips to avoid this type of dispute

• Measure before planting: Do not rely on your eyes alone. Use a tape measure and measure the distance between the boundary line (the middle of the party wall or the survey line) and the centre of the spot where you will plant. Add the estimated radius of the mature trunk to be safe.
• Check the survey plan: If your land has not been surveyed, have it done. A chartered surveyor will cost between €1,500 and €3,000, but it is an investment that avoids much more costly disputes. The boundary is not always obvious, especially without a wall.
• Choose low-spread species: If your land is small, opt for shrubs or small-growing trees. Leyland cypress, for example, can reach 20 metres and have powerful roots. Olive trees or dwarf fruit trees are easier to manage.
• Talk to your neighbour before planting: An amicable agreement can change everything. Offer to plant slightly further back or choose species that do not cause problems. If they refuse, at least you know the risk of dispute exists. Put the agreement in writing, even on a simple signed paper.
• If you inherit existing trees: Do not cut them down hastily. First check the legal distance with a professional. If the tree is less than 50 cm from the axis, you may be forced to remove it. But sometimes regular pruning can appease the neighbour.

Besoin d'un conseil personnalisé ? Contactez Maître Zakine — première consultation 30 min à 45€.

Further reading: related case law and developments

This decision is part of a consistent line from the Court of Cassation. Already in 2006, a similar judgment (No. 05-13.817) had clarified that the distance is measured to the trunk axis for plants subject to Article 671. The novelty in 2009 was to explicitly reject measurement to the bark, ending divergent interpretations by lower courts.

Furthermore, one must distinguish Article 671 from Article 673, which concerns branches and roots encroaching onto the neighbouring property. Even if a tree is planted at the correct distance, its branches may overhang. The neighbour can then demand the cutting of branches at the boundary, but not the removal of the tree. This distinction is crucial: a tree compliant in distance can still be a source of conflict due to its branches. The Court of Cassation has also reminded that the action for non-compliance with distances is subject to a 5-year limitation period from planting, or from knowledge of the breach. After this period, the owner can no longer demand removal, but only cutting of branches.

In practice, courts are now very strict. Every centimetre counts. A bailiff can precisely measure the trunk axis using a plumb line or laser level. If you are in litigation, do not neglect this measurement: it can make all the difference.

What you absolutely need to remember

FAQ:

1. Can I plant a tree 50 cm from my neighbour? Yes, but only if the distance between the boundary and the trunk axis is at least 50 cm (for trees under 2 m high). If your tree has a trunk radius of 10 cm, plant at 60 cm from the boundary.
2. What if my neighbour has planted too close? First send a registered letter with acknowledgement of receipt to inform them. If they refuse to prune or remove, you can take the matter to the judicial court. Beware of the 5-year limitation period from planting.
3. What is the cost of proceedings? Expect around €2,000 to €5,000 in legal fees, plus bailiff costs (€200-400) and possible expert fees (€1,000-2,000). Mediation is often cheaper (€500-1,500).
4. Can I cut overhanging branches myself? Yes, but only up to the boundary of your property. You must first offer the neighbour to cut them themselves. If they refuse, you can do it, but at your own expense.
5. Does this rule apply to hedges? Yes, each shrub planted in a hedge must individually respect the distance. A continuous hedge may be considered a single planting, but it is best to respect the distance for each plant.

In a similar situation? A 30-minute initial consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →