My neighbor's big apple tree was planted a legal distance from the fence, but it has branches sticking out on my property. Since they bother me, can I cut them myself?
What the law says
Any tree planted more than 2 m from a property line is not subject to the height restrictions defined by article 671 of the Civil Code. However, a tree that grows vertically also extends laterally, and can therefore quickly spread over the neighboring garden.
If the presence of the tree is not disputable, that of the branches is. Indeed, depending on the height at which they develop, they can cause nuisance in the vicinity, by posing problems of luminosity, soiling or traffic.
What the law allows
Article 673 of the Civil Code provides that your neighbor cannot refuse to cut the branches in order to bring them back to the property line if you request it. However, you have absolutely no right to do it yourself. In most cases it is easy to settle this kind of dispute by getting the neighbor to simply cut his branches. Or, failing that, by finding an amicable agreement with him which allows, after obtaining his authorization, to do the work yourself or have them done at the latter's expense.
In more conflicting relationships, it is unfortunately often necessary to go through the legal channel of registered letters, letters of formal notice, bailiff's report and seizure of the district court.
The little intricacies of the law
When it comes to brambles, twigs or roots (this is the precise list set out by law), you do not have to ask your neighbor for permission and you can cut everything yourself at the boundary of the dividing line. This right is imprescriptible. Also be aware that if you cannot pick the fruit carried by the branches that protrude above your garden, those that fall naturally belong to you.
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