Lunch, aperitif, snack, dinner, siesta, pool party… With the arrival of fine weather, the French who have a terrace or a garden appreciate having a good time there. When the sun and the heat end up indisposing the guests, they take shelter under a parasol or a pergola. However, the choice is left to them. On the other hand, when a neighboring tree casts too much shade, it is difficult to take full advantage of the natural light. This can greatly disturb the use of their exterior. What solutions are available to you, if you lack sunshine?
To enjoy the sun again in your garden or your living room, you have the option of requesting the pruning or moving of your neighbor’s tree causing the loss of sunshine.
However, is it still necessary to prove that this constitutes an abnormal neighborhood disturbance, when the tree is located or not at a good distance from the dividing line of property, reports Le Figaro.
If the neighbor does not comply with the height and distance requirements governed by article 671 of the Civil Code, he may be forced to apply them. In this case, the embarrassed neighbor will not have to prove any prejudice. On the other hand, in the event of non-compliance with the regulations, it will be necessary to prove that the damage is real and excessive. The assessment is made on a case-by-case basis.
In case of refusal of the neighbor, the call to a conciliator of justice will have to be made. If the conciliation fails, conciliation, it will then be necessary to lodge an appeal with the judicial court, by attaching the letters of exchanges to put an end to the nuisances, and expert reports to attest to the loss of sunshine.