Neighbour’s tree: distances, branches and your rights under French law

One Saturday morning, you open the shutters to find the familiar scene again: your neighbour’s branches stretch over the fence, leaves carpet the patio, and the vegetable patch is gradually losing sunlight. At first, it seems like a minor issue, almost too awkward to raise between polite greetings. Then the gutters become blocked, fruit starts falling, and roots may even lift a paving slab. We have all seen how a single tree can eventually occupy far too much space in a neighbourly relationship. The good news is that French law is not vague on this point. It sets out specific distances, remedies and several exceptions worth understanding before a conversation turns into a dispute.

Two metres or fifty centimetres: the rule that often surprises neighbours

The starting point is Article 671 of the French Civil Code: a tree intended to grow beyond two metres in height must be planted at least two metres from the boundary between the properties. For planting that remains below two metres, the minimum distance is fifty centimetres. This is not measured from the edge of the branches or an approximate fence line, but from the property boundary to the centre of the trunk. This detail causes plenty of confusion, particularly on housing estates where an established hedge conceals the markers. A tree is not lawful simply because it appears to have been there forever.

Take the example of a cherry laurel planted 70 centimetres from your wire fence. When it was first planted, it may have stood at 1.20 metres and troubled nobody; ten years later, it reaches 3.50 metres, blocks the light and drops its leaves onto your property. Once it exceeds two metres, the 50-centimetre distance is no longer enough, unless an exception applies. Depending on the circumstances, the neighbour may have to cut it back to two metres or remove it altogether. Height is measured from ground level to the top of the tree, rather than merely to the first branches that are causing a nuisance.

French law nevertheless recognises an important local reality: local rules may override the general provisions. A housing-estate covenant, a Local Urban Plan, an established custom in a rural municipality, or a particular rule in a specification document may impose different distances. Before reaching for a tape measure, you should therefore check which documents apply to your plot. Let us be honest: hardly anyone does this routinely. Yet a visit to the town hall or a careful reading of the deed of sale can prevent an unjustified request-or reveal a right you did not know you had.

What you can actually ask the tree owner to do

When a tree has been planted too close to the boundary, the most useful first step is also the simplest: speak to your neighbour, with photographs and measurements to support your point. A calm conversation is often more effective than a blunt letter pushed through a letterbox in a moment of frustration. Where the tree complies with neither the legal distances nor a local rule, you may ask for it to be removed or reduced to the permitted height. Follow this with a written request, ideally sent by recorded delivery, allowing a reasonable deadline. Keep copies of everything: dated photographs, the cadastral plan, measurement records and correspondence.

A common mistake is to cut back branches extending over your land yourself. It can be tempting when a branch rubs against a window or fills the swimming pool with leaves, but Article 673 of the French Civil Code is unambiguous: you may require your neighbour to cut the branches, but you may not cut them yourself. The position differs for roots, brambles and twigs encroaching onto your land: you are entitled to cut these back at the boundary line. Act with reasonable care, however, as weakening a tree can lead to complaints and claims for damage. Do not pick up the pruning shears before checking your rights.

Some situations may prevent a request that initially appears justified: the thirty-year limitation period, a specific title, or what the law calls the “parent’s designation”. A tree that has stood too close to the boundary for more than thirty years may, subject to certain conditions, no longer be challenged on distance grounds.

“The owner of land over which branches from a neighbour’s trees extend may compel that neighbour to cut them.” - Article 673 of the French Civil Code

Before considering mediation or the Judicial Court, gather the following:

• the distance from the trunk to the precise property boundary;
• the actual height of the tree or hedge;
• the estimated age of the planting and any available evidence;
• local rules, easements and housing-estate regulations;
• photographs showing branches, roots or any damage observed.

Branches, fruit and roots: the small details that can turn a disagreement into a dispute

Trees extending over a neighbour’s property are never solely about centimetres. They involve light, privacy, a garden becoming difficult to maintain, and sometimes an old grievance that had never been voiced. Fruit that falls naturally onto your land belongs to you, whereas fruit still attached to the branches remains the tree owner’s property. That distinction may seem almost trivial until crushed plums attract wasps near the outdoor table. The law seeks a practical balance here: each person should remain on their own land without making another person bear the burdens of their vegetation.

If your neighbour refuses to discuss the matter, a justice conciliator is often a calm and free next step. This option can be explored before applying to the Judicial Court, particularly if you hope to keep living door to door without an icy atmosphere at every meeting. A chartered surveyor may also be needed where the boundary itself is disputed; the cadastral record provides an indication, but does not always prove the exact legal boundary. A solicitor is not automatically required, although their advice may prove helpful when property damage, a thirty-year limitation period or an easement is involved.

A protected tree requires an added degree of caution. In some municipalities, cutting down or pruning a notable specimen requires administrative permission, particularly where the Local Urban Plan protects planted areas. This obligation does not remove a neighbour’s rights, but it may change the procedure and timetable. It is also important to distinguish a tree from an ordinary hedge: the distance rules remain similar, while day-to-day maintenance and local customs may carry greater weight. Between strict legal rules and neighbourhood life, there is often room for discussion. It is worth trying, especially when the tree has watched both gardens grow.

Key point	Detail	Benefit for the reader
Legal distance	2 m for a tree over 2 m high; 50 cm if it does not exceed 2 m	Makes it possible to check quickly whether the planting meets the general rule
Overhanging branches	The neighbour must cut them on request; you may not cut them yourself	Avoids a mistake that could worsen the dispute
Possible exceptions	Local custom, housing-estate regulations, a title or a 30-year limitation period	Helps you act on evidence rather than a simple impression