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Boundary Trees and Hedges in France: Planting Distances Explained

By Recording Law Editorial Team11 min read
Boundary Trees and Hedges in France: Planting Distances Explained

Frequently Asked Questions

How far from my neighbour's boundary can I plant a tree in France?

Under Code civil Article 671, a tree, shrub, or bush whose height exceeds 2 metres must be planted at least 2 metres from the dividing line between the two properties. A plant that stays 2 metres or under may be planted as close as 0.5 metre from the line. Height is counted from the ground to the top of the plant, and the distance is measured from the centre of the trunk. Local rules or established local usages can set different figures, so it is worth checking with your commune before planting.

Can I cut my neighbour's branches that hang over my garden?

No. Article 673 lets you compel your neighbour to cut back branches that overhang your land, but it does not let you cut those branches yourself. You must ask the owner to prune them, in writing if an informal request fails, and if they refuse you can seek an order from the tribunal judiciaire. The rule is different for roots, brambles, and twigs that cross the line: those you are entitled to cut yourself, at the boundary. Fruit that falls naturally from overhanging branches belongs to you.

My neighbour's tree is far too close to the line but has been there for years. Can I still have it removed?

Possibly not. Article 672 gives you the right to require a plant set closer than the legal distance to be uprooted or cut back to the permitted height. That right is defeated by a title, by an established original layout, or by prescription trentenaire, meaning the planting has grown in breach of the distance and been tolerated for 30 years. Once 30 years of uninterrupted, visible non-compliance have run, the neighbour can keep the tree where it is.

Who is responsible for a hedge that grows on the boundary line itself?

A hedge planted directly on the dividing line is presumed to be a haie mitoyenne, a jointly owned hedge, so both neighbours own and maintain it together and share the cost of upkeep. Each side is trimmed by the neighbour on that side. Because it sits on the line rather than set back from it, the 2-metre and 0.5-metre distances of Article 671 do not apply to it. Either owner can ask that the shared hedge be maintained, and neither may remove it without the other's agreement.

What should I do first if I do not know where the exact boundary is?

Ask for a bornage. This is the formal demarcation of the property line, governed by Article 646 of the Code civil, and either neighbour can compel it. A land surveyor (geometre-expert) identifies the line, sets boundary markers, and draws up a report that both owners sign. Doing this first matters, because a planting-distance argument cannot be settled until everyone agrees where the line actually runs. If the neighbour refuses an amicable survey, a court can order a judicial bornage.

Sources and References

  1. Code civil, Article 671 (planting distances: 2 metres and 0.5 metre)(legifrance.gouv.fr).gov
  2. Code civil, Article 672 (right to require uprooting or cutting back; title, layout, 30-year prescription)(legifrance.gouv.fr).gov
  3. Code civil, Article 673 (overhanging branches, roots, brambles and twigs)(legifrance.gouv.fr).gov
  4. Code civil, Article 668 (co-owner right to remove a haie mitoyenne, subject to building a wall)(legifrance.gouv.fr).gov
  5. Code civil, Article 646 (bornage: fixing the boundary line)(legifrance.gouv.fr).gov
  6. Service-Public: Plantations (haies, arbres, arbustes) - fiche F614(service-public.gouv.fr).gov
  7. Service-Public: Bornage d'un terrain - fiche F3037(service-public.gouv.fr).gov
  8. Code civil, Section 1: Du mur et du fosse mitoyens (Articles 653 to 673)(legifrance.gouv.fr).gov
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