Who's Right?Neighbour's bamboo spreading into my garden: what to do?
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In short
In France, you can cut the roots that cross into your land yourself, exactly at the boundary line. If the bamboo breaks the planting distance rules, you can also demand that it be removed or cut down, after first trying to settle things amicably.
Both sides
Since spring, bamboo shoots have been popping up in the middle of my lawn, sometimes three metres from the fence. I pull them up every week and they keep coming back. Julien planted them one metre from the boundary, and they're already over four metres tall. I don't want to spend my weekends fighting his plants. I want him to get rid of them.
I planted the bamboo for a bit of privacy, because my garden is really overlooked. I had no idea it would spread like this, and I'm willing to do something about it. But demanding that I rip everything out overnight, after I spent quite a lot on it, feels over the top. Besides, Nadia is allowed to cut whatever grows on her side, isn't she?
The verdict
On the substance, Nadia has the stronger case. Unless a local rule says otherwise, bamboo taller than 2 metres has to be 2 metres from the boundary. Julien's is 1 metre away and over 4 metres tall. So she can ask for it to be removed or cut back to 2 metres. And it's his planting that causes the problem: she shouldn't be the one dealing with it every week.
Julien isn't wrong about everything. Nadia really can cut the roots herself at her boundary, and he is willing to act, which counts. But with bamboo that spreads underground, "you can cut it on your side" fixes nothing: the shoots keep coming back as long as nothing stops them at the line.
What's missing is a middle step. Demanding full removal from the start shuts the conversation down. A buried barrier and a lower height could solve the problem without destroying everything.
The compromise
Within a month, Julien has a buried rhizome barrier installed along the boundary at his own cost and cuts the bamboo down to 2 metres. Meanwhile, Nadia cuts any shoots at her boundary. They check again in the autumn: if shoots still get through, removal goes back on the table.
What the rules say
Roots: under Article 673 of the French Civil Code, if roots, brambles or twigs grow onto your land, you have the right to cut them yourself at the boundary line. This right never expires. Overhanging branches are different: you can't cut them yourself, you can only make your neighbour cut them. The law doesn't mention bamboo specifically.
Distances: the official service-public.gouv.fr guide does mention bamboo. Local rules can set the distance, so check with your town hall. Without a local rule, plants taller than 2 metres must be 2 metres from the boundary, and other plants 0.5 metres. Height is measured from the ground to the top, and distance from the middle of the trunk. If these rules are broken, the neighbour affected can demand removal or a cut back to the permitted height. There is one exception: the time limit for taking action, which starts from the day the plant grew past the permitted height.
What to do: you must try to settle things amicably before going to court. If that fails, the court where the land is located handles the case.
Sources:
- Plantation de végétaux (haies, arbres, bambous...) (service-public.gouv.fr)
- Article 673 - Code civil - Légifrance (legifrance.gouv.fr)
- Article 671 - Code civil - Légifrance (legifrance.gouv.fr)
General information, not legal advice.
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Frequently asked questions
Am I allowed to cut my neighbour's bamboo roots?
Yes. In France, Article 673 of the Civil Code lets you cut roots that grow onto your land yourself, at the boundary line, without asking permission. This right doesn't expire over time.
Can I cut bamboo canes leaning over my garden?
Be careful. For overhanging branches, the law only lets you make your neighbour cut them, not do it yourself. The safest move is to treat bamboo canes the same way and ask your neighbour to cut them.
How far from the boundary can bamboo be planted?
In France, unless there is a local rule (check with your town hall): 2 metres from the boundary if the bamboo is taller than 2 metres, 0.5 metres otherwise. The official service-public.gouv.fr guide does mention bamboo.
My neighbour won't do anything: what can I do?
Start with a letter, then try to settle things amicably, for example through a court conciliator. This step is required before going to court. If it fails, the court where the land is located handles the case.
How do I stop bamboo coming back on my side?
Cutting the shoots often isn't enough, because the underground stems keep spreading. The most lasting fix is a buried rhizome barrier along the boundary, to agree on with your neighbour since the plants are theirs.
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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