The action for pruning or uprooting

Reference decision: Cass. civ. • No. 12-28.701 • 2014-02-05 • View the decision →

This decision sheds important light on your property rights. Here is what it means for you.

The situation

The action for pruning or uprooting based on Articles 671 et seq. of the Civil Code cannot be brought against a neighbour who occupies, without being the owner, the land on which the trees, shrubs and bushes in dispute are planted.

What the law says

This decision confirms the fundamental principles of property law.

Key points

Strictly observe statutory time limits for bringing an action
Keep all supporting documents (deeds, instruments, correspondence)
Plan ahead: preventive advice always costs less than litigation

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Practical use cases

Landlord liable for tenant's overhanging trees in Nice

Sophie owns a villa in Nice, which she rents out. Her tenant has allowed a large fig tree to grow, with branches overhanging the neighbour's pool by more than 2 metres. The neighbour has repeatedly asked the tenant to prune, but the tenant refuses, citing the lease doesn't cover tree maintenance. The neighbour seeks to force pruning to avoid leaf litter and shade.

Practical application:

Pursuant to Cass. civ., 12-28.701 (2014), an action for pruning under Articles 671 et seq. of the French Civil Code must be directed against the property owner, not the occupier. The neighbour should obtain Sophie's details via the land registry (cadastre), send a formal mise en demeure to Sophie as owner, and if unresolved, initiate legal proceedings against her. Sophie, as landlord, is responsible for ensuring the tenant complies with neighbourly obligations.

First-time buyer faces untouchable tenant's trees in Lyon

Marc, a first-time buyer in Lyon's Croix-Rousse district, discovers that the adjoining property's large cypress trees, planted by a tenant, block natural light to his living room and have roots threatening his foundations. The tenant claims poverty and refuses to act. Marc initially pressures the tenant, but is advised he has no direct right of action against a non-owner.

Practical application:

Under the ruling of 5 February 2014, Marc cannot compel the tenant to prune or uproot; the action lies solely against the landlord-owner. Marc should immediately search the cadastral records to identify the owner, issue a formal notice (mise en demeure) demanding tree rectification within a reasonable period (e.g., 3 months), and if ignored, file a court claim for abatement of nuisance (trouble anormal de voisinage) against the owner, not the tenant.

Co-ownership syndic must sue owner, not tenant, in Paris

In a Parisian apartment block near Parc Montsouris, a ground-floor unit is rented out. The tenant has planted a fast-growing willow tree in the small private garden. Roots are damaging the building's underground parking structure, causing €15,000 in estimated repairs. The syndicat des copropriétaires wants urgent removal, but the tenant says it's not their problem.

Practical application:

The 2014 Cass. civ. decision clarifies that the action for uprooting under Civil Code Articles 671 et seq. targets the owner, not the occupier. The syndic must obtain the owner's identity from the copropriété register (fichier des copropriétaires) or cadastre, pass a resolution at the AGM authorising legal action, then sue the owner for uprooting and damages. Sending a lettre recommandée to the owner beforehand is essential to show good faith.

The action for pruning or uprooting

The situation

What the law says

Key points

Legal information

Source

Keywords

Practical use cases

Landlord liable for tenant's overhanging trees in Nice

First-time buyer faces untouchable tenant's trees in Lyon

Co-ownership syndic must sue owner, not tenant, in Paris

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