What distances must you observe when planting a tree near the boundary?
Article 671 of the French Civil Code requires, absent a local regulation or custom, a distance of 2 metres from the boundary line for any plant taller than 2 metres, and 0.50 metres for lower plants. The neighbour can demand the removal or the cutting back of plants that are too close (Article 672).
The legal planting distances (Article 671)
Article 671 of the French Civil Code sets the distances to observe when planting trees, shrubs, and bushes near the boundary line. These distances apply only in the absence of a specific regulation or a settled local custom, which should be checked at the town hall because they prevail over the general rule.
Article 671 does not specify how the measurement is taken. According to the administration, the distance is measured from the middle of the trunk to the boundary line, and the height from the ground to the top of the plant.
Failing a regulation or a local custom, the minimum planting distance under Article 671 is 2 metres from the boundary for a plant more than 2 metres tall, and 0.50 metres for a plant of 2 metres or less.
| Height of the planting | Minimum distance from the boundary |
|---|---|
| More than 2 metres tall | 2 metres |
| 2 metres or less | 0.50 metre |
Minimum planting distance where no local rule or custom applies (Article 671)
Demanding removal or cutting back (Article 672)
Where plants do not respect these distances, Article 672 lets the neighbour demand that they be removed or cut back to the legal height. This right, however, comes up against three exceptions: the existence of a title, the destination du père de famille (a layout established by a former common owner of both plots), or thirty-year prescription.
Thirty-year prescription means that a plant kept in place for more than thirty years above the permitted height can no longer be removed: the owner of the tree has acquired a genuine easement. According to the administration, time runs from the day the plant exceeded the height permitted given its distance from the boundary line.
Pruning branches and cutting roots (Articles 672 and 673)
Article 673 draws a distinction according to what encroaches. For branches that extend over their land, the neighbour cannot cut them themselves: they can compel the tree's owner to prune them. For roots, brambles, and twigs, they have the right to cut them themselves at the vertical line of the boundary.
This right to demand the pruning of branches and to cut roots is declared imprescriptible by Article 673: it is never lost through the passage of time. It differs from the right to demand the removal of a tree that is too close, which can be neutralised by the thirty-year prescription of Article 672.
Frequently asked questions
How far from the neighbour must you plant a hedge?
Absent a local regulation or custom, a hedge more than 2 metres tall is planted 2 metres from the boundary, and a hedge of 2 metres or less at 0.50 metres (Article 671). Local customs, available at the town hall, may provide for other distances.
Can I cut the branches of my neighbour's tree myself?
No. Article 673 does not allow you to cut the branches yourself: you can only compel the neighbour to prune them. On the other hand, you may cut the roots, brambles, and twigs that extend over your land yourself, at the boundary line.
Who owns the fruit that falls into my garden?
Fruit that falls naturally from the branches overhanging your land belongs to you (Article 673). However, it remains forbidden to pick fruit from the neighbour's tree or to shake the branches to make it fall.
Can a tree planted more than 30 years ago be kept?
Yes. If the tree has exceeded the permitted height for more than thirty years, the thirty-year prescription of Article 672 blocks any request for removal: its owner has acquired an easement and may keep it. The right to demand the pruning of branches nevertheless remains imprescriptible (Article 673).
Read next
- Code civil, article 671 (Légifrance)
- Code civil, article 672 (Légifrance)
- Code civil, article 673 (Légifrance)
- Service-Public.fr : Distances de plantation des arbres
A question about your plans?
Realistic price, order of the steps, agency fees on a sale. Book a video call with a BRIVEO adviser, free and with no commitment.
Talk to a property adviser