Who's Right?My neighbor cut my tree without asking: what can I do?
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In short
In France, your neighbor may not cut your tree's branches himself, even if they hang over his land. He can only require you to do it.
Both sides
I was away on holiday for ten days. When I got back, my old cherry tree had lost all its big branches on the fence side. Karim never asked me anything, he just got out his chainsaw. I know the branches were hanging over his side a bit, but dealing with them was my job. Now the tree is lopsided and I'm not even sure it will survive.
For two summers now I've been asking Margaux to prune her cherry tree. The branches hang over my patio, the fruit stains everything and the leaves clog my gutter. Every time she says 'sure, sure' and nothing happens. I only cut what was over my side, not an inch more. I don't see why I should put up with it forever.
The verdict
On the rule itself, Margaux is right. Even when they hang over the fence, the branches still belong to the tree's owner. Karim could require her to cut them, but he couldn't cut them himself. Doing it while she was away, without warning her, makes it even harder to defend, especially if the tree stays damaged.
That said, Karim didn't act on a whim. Two summers of ignored requests and a real nuisance would wear anyone's patience thin. Saying 'sure, sure' and never following through lets the problem fester. But Karim had proper ways to break the deadlock: a registered letter, then a conciliator.
Hence 70/30. The main fault is cutting without permission, because the damage is hard to undo. Margaux's neglect partly explains Karim's frustration, but it doesn't excuse what he did.
The compromise
Margaux has a tree surgeon come this week to check the cherry tree and rebalance its shape. Karim pays part of the cost, in proportion to the damage he caused. Together, they agree in writing on a yearly pruning date, before summer.
What the rules say
Article 673 of the French Civil Code says that a person whose land has a neighbor's branches hanging over it can require that neighbor to cut them. Fruit that falls naturally from those branches belongs to them. However, they may only cut roots, brambles and twigs themselves, and only up to the property line. The official guidance on justice.fr sums it up this way: the tree's owner must cut branches that hang over the neighbor's land. The neighbor can require this, but has no right to cut the branches himself. It recommends talking first to find a compromise. If that doesn't work, the next step is a registered letter with acknowledgment of receipt, pointing out the nuisance and the rule. Finally, if cutting without consent causes damage, Article 1240 of the Civil Code applies: anyone who causes harm to another through their fault must make it good.
Sources:
- Plantation de végétaux (haies, arbres, bambous...) (justice.fr)
- Article 673 - Code civil - Légifrance (legifrance.gouv.fr)
- Sous-titre II : La responsabilité extracontractuelle (Articles 1240 à 1254) - Légifrance (legifrance.gouv.fr)
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General information, not legal advice.
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Frequently asked questions
Can my neighbor cut branches that hang over his property?
No. In France, he can require you to cut them, but he has no right to do it himself (Article 673 of the Civil Code). He may only cut roots, brambles and twigs that grow onto his land, up to the property line.
How do I prove my neighbor damaged my tree?
Take dated photos as soon as you find the damage, and keep older photos of the tree if you have them. Ask anyone who saw the cutting for a written statement. Also get a quote from a tree surgeon to put a figure on the care or replacement.
Can I ask for compensation?
Yes. Under Article 1240 of the French Civil Code, anyone who causes harm to another through their fault must make it good. Start with a written request to your neighbor that includes the cost. If he refuses, a court conciliator (conciliateur de justice) can help you reach an agreement before going further.
What if my neighbor only cut the roots?
Then he was within his rights, as long as he cut exactly at his property line. It's still better to warn the owner first, as cutting roots can weaken the tree.
My tree's branches hang over my neighbor's land: do I have to cut them?
Yes, that's your job, and your neighbor can require you to do it. The official process starts with a conversation, followed by a registered letter with acknowledgment of receipt if nothing changes.
Guide Disputes between neighbors: the guide
Written with the help of AI, reviewed by the Who's Right team · This is not legal advice. How Who's Right decides
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