Boundary trees: what to do if the neighbour's trees exceed the legal height?

Imagine the scene: you are in Moissac, in your garden, and the branches of a eucalyptus tree planted by your neighbour ten years ago are bending dangerously over your roof. Every autumn, the leaves block your gutters. You have tried to talk about it, but to no avail. The question that nags at you: can I require him to cut down or remove this tree? This decision of the French Court of Cassation of 17 July 1985 answers this question precisely by recalling Articles 671 and 672 of the Civil Code. These texts set out simple rules: a tree planted less than two metres from the boundary must be at least half a metre from it and must not exceed two metres in height. If these rules are not complied with, the neighbour may require reduction or removal, but it is the tree owner who chooses. Let us decipher this decision and its practical implications for you.

The facts: a story like those that happen every day

In this case, two neighbouring properties in the jurisdiction of Montauban were separated by a simple fence. Mr X, owner of a house in Moissac, had planted several trees – eucalyptus trees and a palm tree – less than two metres from the boundary. His neighbour, Mr Y, considered that these trees, well over two metres high, caused him harm (loss of sunlight, falling leaves, risks to his roof). He therefore sued Mr X before the court to obtain the removal of the trees. The first instance court ordered removal, without checking whether the trees were planted more or less than half a metre from the boundary. Mr X appealed, and the case went up to the Court of Cassation. The Court quashed the decision of the lower courts, criticising them for not having investigated whether the trees were less than half a metre away (in which case removal is automatic) or more than half a metre away (in which case the tree owner may choose between removal and reduction to two metres).

The reasoning of the court — dissected

The Court of Cassation relies on Articles 671 and 672 of the Civil Code. Article 671 provides that plantations must be made at a minimum distance of two metres from the boundary, unless local regulations provide otherwise. If the plantation is less than two metres away, it must comply with two cumulative conditions: be at least half a metre from the boundary and not exceed two metres in height. Article 672 specifies the neighbour's remedies: if the trees are planted less than half a metre away, he may require outright removal; if they are more than half a metre but less than two metres from the boundary, and exceed two metres, the neighbour may require either removal or reduction to two metres – but it is the tree owner who has the choice (option). In other words, the tree owner may decide to reduce rather than remove the trees. In this case, the lower courts had ordered removal without considering the distance at which the trees were planted. The Court of Cassation therefore annulled their decision, holding that this verification was essential to determine the parties' rights. In other words, the planting distance is crucial: it determines the tree owner's right of option.

What this means for you — concretely

Whether you are the owner of a house in Caussade, a tenant of a flat with a garden, or a property developer, this decision has direct implications. For the owner who has planted trees: if you planted them less than half a metre from the fence, your neighbour can require removal without you being able to negotiate a reduction. If you planted them more than half a metre away (but less than two metres), your neighbour can require removal or reduction, but you can choose the least restrictive option (usually reduction to two metres). However, note: the legal height of two metres applies to the entire tree, including overhanging branches. If your neighbour suffers damage (branches breaking a tile, falling leaves blocking a gutter), he may also hold you liable under Article 1240 of the Civil Code (liability for fault). For the neighbour who suffers: you can require compliance with legal distances and heights. First send a registered letter to your neighbour. If nothing changes, apply to the tribunal judiciaire (formerly tribunal d'instance). Timescales vary, but expect 6 to 12 months for a decision. Lawyer's fees can be €1,500 to €3,000, but prior mediation can reduce costs. Concrete example: a property owner in Caussade obtained the reduction of an 8-metre eucalyptus to 2 metres after mediation, for a total cost of €800.

Four tips to avoid this type of dispute

• Measure before planting: Use a tape measure to check that the tree is at least 2 metres from the boundary, or 0.50 m if you keep it to 2 metres high. Take dated photos.
• Check the local urban planning regulations (PLU): Some municipalities impose more restrictive distances or heights. Enquire at the town hall.
• Choose slow-growing species: Avoid eucalyptus, poplars or other trees that will quickly exceed the legal height. Opt for shrubs or dwarf trees.
• Anticipate by discussing with your neighbour: A written friendly agreement (signed by both parties) can settle the issue of future plantings. This avoids conflicts.

Further reading: related case law and developments

This 1985 decision is not an isolated one. The Court of Cassation has rendered similar decisions, such as in case No. 02-10.937 of 11 March 2004, where it recalled that the height of two metres is measured from the natural ground, disregarding artificial elevations. However, in decision No. 11-22.151 of 25 April 2013, the Court specified that an owner who has planted trees at the legal distance cannot be forced to remove them, even if they cause a nuisance (shade, falling leaves). The current trend is to protect the right to plant, while offering a remedy in case of non-compliance with the rules. In the future, courts may be called upon to clarify the notion of "height" for weeping trees or hedges, but the principle remains stable.

What you absolutely must remember

FAQ:

• My neighbour planted a tree 1 metre from the fence, which is now 5 metres tall. What can I do? You can require reduction to 2 metres or removal, but your neighbour chooses. Send him a registered letter requesting compliance, then apply to the court if necessary.
• Can I myself cut branches that overhang my property? Yes, but only branches that encroach on your property. You must cut them at the boundary. Caution: you cannot cut the tree itself.
• What are the time limits for action? The legal action is barred after 5 years from the day you became aware of the non-compliance with distances/heights. Do not delay.
• How much does a procedure cost? Expect €1,500 to €3,000 in lawyer's fees, plus possible expert fees (€500 to €1,000). Mediation costs about €200 to €400.
• What if the tree is planted less than half a metre away? You can require removal without the neighbour being able to object. Apply to the court in summary proceedings (référé) if the neighbour refuses.

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

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