Spring is now well established. The sun is shining in the sky, the trees are in bloom and the temperatures are rising. For people with a garden, the period is therefore ideal to start taking advantage of it to sunbathe, read or even eat outside.
However, to do this, it is important to maintain your land by mowing your lawn or trimming your hedges. Even if many are unaware of it, these practices are sometimes regulated by law and it is therefore necessary to respect certain rules.
Sometimes it happens that the branches of a neighbour’s tree protrude above their property and encroach on your land. In this case, is it possible to cut the troublesome branches yourself?
According to article 673 of the Civil Code, it is forbidden to cut the branches of a neighbour’s tree without asking for their agreement. It is preferable to respect this rule, because any offender is liable to a fine of up to 5,000 euros, reports Maison
Thus, if a tree overhangs your land, it is best to expressly ask the neighbor to cut it down himself. If he asks you to do it yourself, it is best to ask for a written agreement to protect himself from any possible lawsuits.
But what if he refuses? Article 673 of the Civil Code specifies: “Anyone on whose property the branches of trees, shrubs and shrubs of his neighbor are advancing may compel him to cut them.” Thus, faced with a refusal, you can go to the District Court which will take the necessary measures to force the neighbor to prune his tree. Similarly, it is also possible to send a signed letter from a lawyer to put pressure on the other person.
If it is impossible to cut down the neighbour’s tree, the neighbor must also follow rules when planting the plants.
According to article 671 of the Civil Code: “It is only permitted to have trees, shrubs and bushes near the limit of the neighboring property at the distance prescribed by the particular regulations currently in existence, or by constant usage and recognized and, in the absence of regulations and customs, only at a distance of two meters from the dividing line between the two heritages for plantations whose height exceeds two meters, and at a distance of half a meter for other plantations .” In concrete terms, it is therefore forbidden to own a tree that is too close to the limit of one’s property.
To maintain your garden, it is also necessary to trim your hedges regularly. However, for this task there are regulations.
The League for the Protection of Birds (LPO) recommends not to trim hedges between March 15 and July 31. Indeed, this amounts to destroying the natural habitat of these animals and therefore endangers the chicks, reports The Independent.
For individuals, there are no specific regulations. However, as indicated by the decree of April 24, 2015 relating to the rules of good agricultural and environmental conditions, it is prohibited for farmers to trim their hedges and trees between April 1 and July 31. Any offender is liable to a fine of 150,000 euros and three years in prison.
