Are a hedge or a tree on the boundary jointly owned?
A hedge separating two properties is presumed jointly owned, absent a title, prescription, or contrary sign (Article 666). A tree growing in a party hedge or planted on the boundary line is deemed jointly owned (Article 670): its fruit is split in half and each owner may demand that it be uprooted.
The presumption that a hedge is jointly owned (Article 666)
Article 666 of the French Civil Code deems jointly owned any enclosure, including a hedge, that separates two properties. The presumption falls in several cases: where only one of the two plots is enclosed, or where there is a title, prescription, or a contrary sign.
A party hedge therefore belongs jointly to the two neighbours. Article 667 puts its upkeep at shared expense, while letting a neighbour escape that obligation by giving up party status. Article 668 adds two rules: a neighbour whose plot adjoins a hedge that is not jointly owned cannot demand that party status be transferred to them, unlike for a wall (Article 661); and the co-owner of a party hedge may destroy it up to the boundary of their property, on condition that they build a wall on that boundary.
The tree planted on the boundary line (Article 670)
Article 670 clarifies the position of trees: those found within a party hedge are jointly owned like the hedge, and trees planted on the boundary line between two properties are likewise deemed jointly owned. The tree is then an asset common to both neighbours.
When a jointly owned tree dies, or is cut down or uprooted, it is split in half between the two owners. Above all, the last paragraph of Article 670 gives each owner the right to demand that jointly owned trees be uprooted: the neighbour cannot oppose that request, and it does not have to be justified. That text, however, organises a right to demand uprooting, not a permission to fell the tree yourself: it is better to put the request in writing, then to apply to the court if it is refused.
Frequently asked questions
Is a hedge between two gardens always jointly owned?
It is presumed jointly owned by Article 666, but that presumption falls if only one of the two plots is enclosed, or where there is a title, a prescription, or a contrary sign. The hedge may then belong exclusively to one of the neighbours.
Can you uproot a tree planted on the boundary?
A tree planted on the boundary line is deemed jointly owned (Article 670), but the last paragraph of that text gives each owner the right to demand that jointly owned trees be uprooted: the neighbour cannot oppose it. The tree, once cut down or uprooted, is then split in half between the two owners.
Can you remove a party hedge?
Yes, subject to a condition. Article 668 lets the co-owner of a party hedge destroy it up to the boundary of their property, on condition that they build a wall on that boundary. That counterpart is not optional: it guarantees that the neighbour remains enclosed.
How is the fruit of a jointly owned tree shared?
In half between the two neighbours, and the fruit is gathered at shared expense (Article 670). This split applies whether the fruit falls naturally, whether its fall is brought about, or whether it is picked, unlike a tree belonging to a single owner.
Read next
- Code civil, article 666 (Légifrance)
- Code civil, article 667 (Légifrance)
- Code civil, article 668 (Légifrance)
- Code civil, article 670 (Légifrance)
- Code civil, article 673 (Légifrance)
- Service-Public.fr : Haie et arbres en limite de propriété
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