Who's Right?Neighbour's tree leaves in my garden: who rakes them up?
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In short
In France, each owner normally clears the leaves that fall on their own land: no rule requires your neighbour to come and pick them up. However, you can demand that they cut branches overhanging your property, and take action if the nuisance becomes abnormal.
Both sides
Every autumn, Thierry's big oak leaves me around ten bags of leaves. Several large branches hang over my patio, and my gutter gets blocked every single year. It's not my tree, so I don't see why I should do all the work. I asked him to come and rake them up, or at least give me a hand.
That oak was there long before Nadia moved in, and I look after it. I can't stop the wind blowing leaves into her garden. I rake up leaves from the street trees too, and I'm not knocking on everyone's door about it. Coming over to clean her garden feels like too much to ask.
The verdict
On the raking itself, Thierry mostly has a point. Leaves that land in a garden are cleared by whoever lives there: no rule says the tree owner has to come and clean up next door. Living near a tree means accepting falling leaves in autumn as one of the normal small annoyances.
But Nadia raises a real issue with the branches hanging over her patio. On that, the law is on her side: she can require Thierry to have them cut back. 'It's just nature' isn't a good enough answer when overhanging branches block a gutter every year.
Nadia's mistake is asking for a clean-up service instead of tackling the actual cause. Thierry's mistake is brushing off the problem when he could easily reduce it.
The compromise
Thierry has the branches over Nadia's patio trimmed before the end of winter. In return, Nadia rakes the leaves on her side, and Thierry collects her bags for his compost.
What the rules say
No French rule states that a tree owner must clear leaves that fall into a neighbour's garden. Article 673 of the Civil Code allows a person whose property is overhung by a neighbour's branches to require the owner to cut them. This right never expires. Service-public.fr specifies that you are not allowed to cut your neighbour's branches yourself. Fruit that falls naturally onto your land belongs to you. Planting distances depend first on local rules (check with your town hall). Otherwise, a tree taller than 2 metres must be at least 2 metres from the boundary, and lower plants 0.5 metres. Finally, since 17 April 2024, Article 1253 of the Civil Code makes anyone causing a nuisance beyond the normal inconveniences of living next door automatically liable for the resulting harm. It is up to a judge to decide, case by case, whether a nuisance goes beyond what is normal between neighbours.
Sources:
- Article 673 - Code civil - Légifrance (legifrance.gouv.fr)
- Article 1253 - Code civil - Légifrance (legifrance.gouv.fr)
- Plantation de végétaux (haies, arbres, bambous...) (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, you can require your neighbour to cut them, but you are not allowed to do it yourself. Ask first, then send a letter if nothing happens.
Can I throw the leaves back over the fence?
Best not to: it's the quickest way to start a real feud. Fallen leaves make excellent mulch or compost.
The leaves block my gutter: what can I do?
If branches hang over your property, ask for them to be cut back: that's your right. If the damage is serious and happens every year, a judge may treat it as an abnormal neighbourhood nuisance. A court conciliator (conciliateur de justice) can help you reach an agreement before it gets that far.
Does fruit from my neighbour's tree that falls in my garden belong to me?
Yes, in France, fruit that falls naturally onto your land is yours. However, you can't pick fruit that is still on the branches.
Is my neighbour's tree too close to the boundary?
It depends first on local rules, so check with your town hall. Otherwise, a tree taller than 2 metres must be planted at least 2 metres from the boundary, measured from the middle of the trunk.
Guide Disputes between neighbors: the guide
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