My neighbour's tree is shading me, what should I do?

Sometimes the

grow to such an extent that they disturb the neighborhood: spoiling the view, damaging the roof but also depriving the neighboring garden of the sun's rays.

To discover

• True or false: fight misconceptions about the garden

What regulations for trees in the garden?

First of all, it is important to remember that the trees and shrubs in your garden must respect certain regulations concerning their distances and their heights.

Indeed, according to article 671 of the Civil Code, it is not permitted to have trees (shrubs and shrubs) near the limit of the neighboring property.

Before carrying out any new planting, it is therefore advisable to:

• To inquire with the town hall's town planning department

• To consult the local urban plan (PLU) to know the distance imposed between a tree and the neighboring property

If nothing appears in the documents of the town hall about the minimum distance and the maximum height of the trees in limit of property, it is advisable to respect the rules prescribed by the Civil code:

• Planting

  from 2 meters

  from the neighbour's property line if the tree is more than 2 meters high.

• Planting

  from 0.5 meters

  from the neighbour's property line if the tree is less than 2 meters high.

Good to know

The distance is measured from the middle of the tree trunk.

The height of the tree is measured from the ground to its top.

How do you force a neighbor to cut down a tree?

Remedies are possible to

or the displacement of a tree which generates a loss of sunshine.

Read the fileNeighborhood and garden: how to avoid conflicts?

It remains to prove the abnormal neighborhood disturbance to win the case when the tree is located or not at a good distance from the dividing property line.

For a neighbor who does not respect heights and distances

A neighbor who

the requirements of article 671 of the Civil Code may be legally compelled to apply them.

The embarrassed neighbor can demand that the litigious tree be pruned or felled (article 672 of the Civil Code), without having to prove the existence of any prejudice.

Before taking any legal action, it is possible to use amicable remedies:

• Letter model

We advise you to send a

with amicable acknowledgment of receipt to your neighbor to inform him of your wish to have his tree pruned or moved to a distance that does not comply with the law.

HERE IS A SAMPLE LETTER YOU CAN CUSTOMIZE

[First name] [Last name][Address][Postal code] [Town][Telephone] [Identity of neighbour][First name] [Name][Address][Postal code] [Town][Town], on [date] LRAR Subject : Request for pruning/felling of a tree Mrs. X, Mr. Y, The tree …

located at the edge of your land does not comply with the rules enacted by article 671 of the Civil Code.

Indeed, it now exceeds 2 meters while it is planted at about … meter

of the dividing line between our two properties. As a result, I kindly ask you to prune your tree less than 2 meters high, or to replant it more than 2 meters away.

I remain at your disposal to discuss all this. In the absence of a response from you within … days, I will be obliged to bring this case before the court. Please accept, Madam, Sir, the expression of my highest consideration.

Signature[First Name] [Last Name]

• Use a justice conciliator

Without news from the neighbor within the time limit or after a refusal, the law requires a neighbor embarrassed by the height of a tree planted too close to the dividing line to contact a justice conciliator

.

Its role is to find an

to the dispute between the neighborhood, that is to say outside of any trial.

Two outcomes are possible:

Good to know

A map allows you to find the justice conciliator closest to you.

This process is free

• Go to court

After

if the neighbor still does not comply with the distances imposed in terms of plantations, the embarrassed neighbor is entitled to seize the court of the place where the garden is located in order to request the application of the law and the reparation for the harm suffered (damages).

Read alsoMy neighbor no longer maintains his garden: what to do?

In terms of abnormal neighborhood disturbance, for disputes under 10,000 euros, the local court is competent.

You can enter it by assignment or query.

For a neighbor who respects heights and distances

Respecting the legal distances in terms of planting and height of trees does not definitively protect the neighbor from liability action on the part of the neighbor suffering a neighborhood

Read alsoWhat are the height and distance rules for a fence wall?

Indeed, neighborhood disturbance can be defined as an excessive nuisance produced by a neighbour.

We are talking about annoyance that goes beyond normal neighborhood inconvenience.

It can be visual, olfactory, sound or verbal nuisances.

Neighborhood disturbance can be sanctioned when it is abnormal.

A tree planted at the neighbor's can create an abnormal neighborhood disturbance.

And this, even though it is planted at a good distance from the common wall.

The loss of sunshine caused by the height of a tree planted in compliance with the rules set by article 671 of the Civil Code may constitute an abnormal neighborhood disturbance.

How to make note of a lack of sunshine?

For this, the

of the embarrassed neighbor must be

and excessive.

Jurisprudence has already had to judge that an abnormal neighborhood disturbance is constituted when the uncontested height of the tree deprives a living room of light, view and sunshine

.

This rule is however not constant.

The assessment is made on a case-by-case basis.

To put an end to the abnormal neighborhood disturbance, the embarrassed neighbor must ask the holder of the tree to prune or cut it down.

In case of refusal, he must appeal to a conciliator of justice.

And in case of failure of the conciliation, he must lodge an appeal with the judicial court.

And report

, excessive and abnormal disturbance.

To constitute the file, several elements are admissible, such as possible letters or SMS, exchanged with the neighbor to put an end to the nuisances, but also expert reports to attest to the loss of sunshine.

The limitation period for taking legal action is 5 years for abnormal neighborhood disturbances

.

Good to know

The judge assesses the abnormal nature of the disorder on a case-by-case basis according to established criteria.

Namely, the intensity, frequency, duration, the environment in which it occurs and compliance with current regulations.

What is the thirty-year prescription for trees?

The

prevents a neighbor embarrassed by the height of a tree from requesting its removal.

Indeed, according to article 672 of the Civil Code, the neighbor cannot demand the uprooting of the tree if it has been present for at least 30 years on the land.

And in the event of death, the servitude remains and is transmitted to the heirs.

To read also Servitude of passage in my garden: what does the law say?

Good to know

If the thirty-year-old tree dies, if it is uprooted or cut down, it is possible to replace it, but at a distance that respects the law.

Owner or tenant: who has the obligation to prune?

Decree No. 87-712 of August 26, 1987 specifies the list of rental repairs which are the responsibility of the tenant of a house or apartment.

Among these are the maintenance and pruning of trees that are too tall:

.

It is therefore

that are too tall and that shade the neighbour.