Who's Right?Neighbour's hedge hangs over my garden: who must cut it?
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In short
In France, it's up to the hedge owner to cut back the branches hanging over your property. You can make them do it, but you can't cut the branches yourself.
Both sides
Julien's hedge sticks out at least forty centimetres over my patio. I can't open my parasol anymore, and the leaves keep clogging my gutter. It's not my hedge, so I don't see why I should spend my Saturday trimming it. I've brought it up with him twice, politely. He just tells me to do it myself, as if his problem were mine to fix.
I trim my hedge every year from my side. To cut what hangs over Nadia's garden, I'd have to go in with my ladder and hedge trimmer, and I don't want to impose. That's why I told her she could cut it from her side: she has my permission, and I'll even take the green waste away. I thought I was being helpful, not dodging the job.
The verdict
On the main point, Nadia is right. The overhanging branches still belong to Julien's hedge. So it's his job to deal with them, and she doesn't have to do it for him. Saying "just do it yourself" pushes onto her a task that isn't hers.
That doesn't mean Julien is acting in bad faith. His access problem is real: cutting back overhanging growth properly often means getting onto the other side. And offering to take the green waste away is a genuine gesture.
The problem is how he went about it. Julien suggested a fix that suited him without asking whether it suited Nadia. And Nadia could have said straight away that she'd let him into her garden. The real question isn't who holds the trimmer, it's when Julien can come over.
The compromise
They pick a date together within the next two weeks. Nadia lets Julien into her garden for a morning, he trims everything back to the boundary and takes the green waste with him. After that, they agree on the same trimming date every year.
What the rules say
Article 673 of the French Civil Code says that a person whose property has branches from a neighbour's trees, shrubs or bushes growing over it can require the neighbour to cut them. Service-public explains that cutting these branches is the plant owner's responsibility: you can make them do it, but you're not allowed to cut the branches yourself. If you can't reach an agreement, you have to take the matter to the court where the property is located.
Roots, brambles and twigs growing onto your land follow a different rule: you can cut them yourself, up to your property line. Fruit that falls naturally from the overhanging branches belongs to you. The right to have branches cut back never expires: the law says it is imprescriptible.
For planting distances, Article 671 first refers to local regulations and customs, which you can check with your town hall. Where none apply, plants taller than 2 metres must be 2 metres from the boundary, and others half a metre. If the hedge is jointly owned, either neighbour can remove it up to their property line, provided they build a wall on that line.
Sources:
- Article 673 - Code civil - Légifrance (legifrance.gouv.fr)
- Article 671 - Code civil - Légifrance (legifrance.gouv.fr)
- Plantations (haies, arbres, arbustes...) (service-public.gouv.fr)
General information, not legal advice.
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Frequently asked questions
Can I cut my neighbour's overhanging branches myself?
No. In France, the law only lets you require your neighbour to cut them. If you'd still rather do it yourself, the safest option is to get their written permission first.
What about roots or brambles coming onto my land?
Those you can cut yourself, but only up to your boundary line. Be careful with large roots: cutting them can damage the tree or make it unstable.
The hedge has been overhanging for years. Is it too late to complain?
No. The right to have overhanging branches cut back never expires.
Is fruit that falls from my neighbour's tree onto my property mine?
Yes, as long as it fell naturally. But you can't pick it off the branches.
What if my neighbour refuses to cut the branches?
Start with a written request, then send a registered letter with proof of receipt. If nothing changes, a court conciliator (conciliateur de justice) can help you reach an agreement, and as a last resort the court where the property is located will decide.
Guide Disputes between neighbors: the guide
Written with the help of AI · This is not legal advice. How Who's Right decides
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