What can I do if neighbour’s hedge leans over into my property?

Reader Question: My neighbour has a very large hedge that has grown right up to our border fence, and now there are branches drooping over onto our side of the home. Can we trim it back? They have not maintained the hedge in years. 

You have the right to demand your neighbour take action, but must be careful about trimming branches yourself.

Article 673 of the French Civil Code states that “anyone whose property is encroached upon by the branches of a neighbour's trees, shrubs or bushes may oblige the neighbour to cut them back.”

The first thing to do is ensure your neighbour’s hedge or tree is following the rules on distance from property boundaries, as this can strengthen your case and help prevent the issue in the future.

Trees, hedges, etc, that are two metres or smaller in height must be planted at least 50cm from the boundary line of a property, and those above this height must be planted at least two metres away. 

If this is the case, you can ask the neighbour to reduce it so it fits within the authorised limits or remove it, regardless of whether any of its materials encroach on your property.

This applies unless the tree or hedge has existed in such a state (for example, over two metres tall despite being closer than two metres to the boundary property) for at least 30 years, in which case such complaints become void due to the prescription trentenaire. 

In the event of branches encroaching onto your property however, you are always able to request that your neighbour resolve the issue, regardless of the tree’s age.

Do not cut back yourself 

While you can cut back roots, brambles, or twigs that cross onto your property line, you cannot do so for larger branches.

You must ask the neighbour to cut back the branches themselves.

This is the case even if they have to enter your garden to do so, in which case you can give them permission (or they must obtain a droit de tour d'échelle from the authorities to enter your garden to carry out the work).

Try to ask them amiably first, but if they do not respond send a formal letter with acknowledgement of receipt (lettre recommandée avec accusé de réception) asking them to do so.

If the neighbour still fails to cut the branches, you can lodge a neighbour dispute over the matter.

Contact your mairie or a conciliateur de justice to see if you can find an amicable solution. 

Only after you have tried – and failed – to come to an amicable resolution can you take the matter further to court. A court can issue a judicial order for the branch to be cut down.

More information on these processes is available in our article here. 

What about damage to property borders? 

One thing worth noting is that in the event the branches, roots, hedge, tree, etc from a neighbour’s property damages part of yours, they are responsible for the entirety of the damages.

This also applies if the damage is done to a shared border, such as a fence marking the property boundary or a border hedge.

A similar procedure is required in this case – ask them to resolve the issue, if they refuse, send a registered letter, then seek an official amicable resolution, taking the matter to court if this is unsuccessful.