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Violates Articles 671 and 672 of the Civil Code
Droit Foncier

Violates Articles 671 and 672 of the Civil Code

📅 Decision of 19 May 2004🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

The Court of Appeal violates Articles 671 and 672 of the Civil Code and fails to draw the legal consequences from its own findings when, in order to dismiss a request for pruning a thuja hedge located on the boundary line and exceeding two metres in height, it holds that at the date of the first instance hearing, i.e. 28 February, the hedge had been brought into compliance and that an excess of the regulatory height observed in April cannot be relied upon since this is due to the natural growth of plants which it is recommended to prune only in autumn.

Decision reference: French Court of Cassation, Civil Division, No. 03-10.077, 19 May 2004 • Consult the decision →

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

The situation

The Court of Appeal violates Articles 671 and 672 of the Civil Code and fails to draw the legal consequences from its own findings when, in order to dismiss a request for pruning a thuja hedge located on the boundary line and exceeding two metres in height, it holds that at the date of the first instance hearing, i.e. 28 February, the hedge had been brought into compliance and that an excess of the regulatory height observed in April cannot be relied upon since this is due to the natural growth of plants which it is recommended to prune only in autumn.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Scrupulously respect the legal time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 03-10.077
  • Court: Cour de cassation
  • Decision of: 19 May 2004

Keywords

droit immobilierjurisprudencefoncier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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