The Starting Point of the Limitation Period

Application pratique:

The 30-year prescription period to demand tree height reduction (per Article 671 of the Civil Code) started when the trees exceeded 2 metres, not when they were planted. Since this happened within 30 years, Mrs. Dupont can still bring an action. She should first send a formal notice by recorded delivery, then if ignored, obtain a bailiff's report and file a claim with the local court (tribunal judiciaire) to compel the neighbour to prune the hedge at their own cost.

Application pratique:

Because the pines likely exceeded the 2-metre height limit long ago, the 30-year prescription period for the neighbour to demand their reduction may have already expired or is running. James should verify this before purchase: ask the seller for any previous complaints, and in the sale deed (acte de vente) include a clause stating the seller is not aware of any ongoing boundary tree disputes. If the prescription period has not run out, James could be forced to reduce the trees at his own expense, so negotiating a price reduction or having the seller prune them before completion is prudent.

Application pratique:

The neighbour's right to demand reduction of the oak to 2 metres started when it exceeded that height, not when planted. Since the tree likely exceeded 2 metres after 2000 but less than 30 years ago, the action is not time-barred. As landlord, Mr. Martin is responsible for boundary tree compliance; he should promptly arrange for a professional arborist to prune the branches and reduce the tree's height to the legal limit, documenting the work to show the neighbour and tenant. This avoids a court order and potential damages for loss of enjoyment.