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Hedge: size, maintenance, regulations

2021-10-25T13:07:58.433Z


Source of many conflicts between neighbors, hedge plantations are nevertheless popular with gardeners. Who should maintain a hedge? How far can you plant trees, shrubs or plants from your neighbor's land? Do you have the right to pick up the ...


You have every right to plant and grow trees, shrubs and plants along your property.

But to keep the peace with your neighbors, you have to follow

specific regulations.

To discover

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  • November: what are the seasonal vegetables and fruits?

How far are you allowed to plant your hedge?

Trees, shrubs, or beds of plants can be planted to mark the separation between your land and that of your neighbor, but for that, you must respect a distance which can either be fixed by the particular regulations which have been established by your co-ownership ( in the case of horizontal co-ownership) or by recognized local practice.

To find out, the easiest way is to contact your town hall.

If there are no local regulations, it will all depend on the heights of the plantings you want to achieve.

If

the height is less than 2 meters

, then you will have to respect

a distance of 0.5 meters

from your neighbor's property.

On the other hand, if the height of your hedge

exceeds 2 meters

, you will have to plant your various trees at

least 2 meters from your neighbor's land.

Know this: if you do not know the precise boundaries of your garden, you can have a surveyor carry out a demarcation.

To take your measurements, you will need to measure from the middle of the trunk of the planted tree.

And from the ground to the top for the height measurement.

Read alsoGarden: which shrubs to plant in the hedge?

Can you ask your neighbor to cut your hedge?

If the distance for planting the hedge is not respected, several solutions are possible for the neighbor who would be embarrassed:

  • request tree pruning

  • ask for the tree to be felled

To do this, it is first necessary to discuss it with the neighbor whose hedge poses a problem.

The annoyed neighbor can also send a registered

letter with acknowledgment of receipt

to request a modification of the hedge to put an end to the nuisance.

However, it will be necessary to prove the damage or inconvenience suffered.

Haie: what does the law say?

You can consult the Civil Code: articles 668 to 673 relating to obligations relating to plantations

What to do in case of refusal?

If the discussions are unsuccessful, a

justice conciliator

may be called upon to find a solution.

The procedure is free and may allow an amicable solution to this conflict to be found.

It is also possible to initiate a

mediation procedure

to establish or re-establish dialogue around a mediator in order to obtain an agreement between the two people involved.

Read also Laurier-palm or laurel-cherry, the hedge shrub par excellence

A

participatory procedure

can, if the mediation fails, be launched.

The purpose of this (paying) approach is to establish a contract between the neighbors concerning the methods of planting and maintaining the

hedge

.

It is necessary for everyone to hire a lawyer.

The two lawyers will then take care of trying to get an agreement and write the contract.

Finally, if this process is not successful,

legal action

may be taken to the

court

.

Please note, the participatory procedure is a mandatory step before being able to initiate proceedings.

If the plants, trees or shrubs were planted within more than 30 years ...

And that these plantations are located either less than 0.5 meters from the neighboring property, or between 0.5 meters and 2 meters and they exceed 2 meters in height, the only possible approach for the neighbor who would consider himself penalized is conciliation or mediation with a view to an amicable settlement.

Can you cut the adjoining plantations of a neighbor yourself?

It all depends on the type of plantation.

For trees and shrubs:

The maintenance or pruning of trees or shrubs planted in your neighbor's hedge is his responsibility.

If branches advance on a neighbour's land, it is the owner of the tree who is responsible for cutting.

Be careful, a neighbor whose tree branches are advancing on his property can certainly force the owner of the tree to cut them, but cannot cut them himself.

In the event of a conflict, a conciliation or mediation procedure should be initiated.

For brambles and roots:

If they are brambles or roots, you can cut them back, but pruning should be limited to the edge of your yard.

Read alsoHow to overcome brambles?

For hedge plants:

The maintenance and cutting of hedge plants (thuja or boxwood for example) are the responsibility of the two adjoining neighbors.

Everyone therefore cuts on their own.

Read alsoHedge: which shrubs to plant other than thuja?

Can you pick the fruits of a fruit tree in your neighbor's hedge?

It all depends on whether it is a

terraced plantation

or

a neighbor's tree

whose branches encroach on the neighboring land.

In the case of a non-adjoining tree, only the owner of the tree has the right to pick the fruits of it.

However, the neighbor can pick up the fruit that has fallen in his garden.

In the case of a joint plantation, the products of the tree or the plant (fruits, flowers, etc.) belong equally to the two neighbors.

Source: lefigaro

All news articles on 2021-10-25

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