Any misplaced tree should not be destroyed

According to this principle, the Court of Cassation rejected the claims of an owner who complained about his neighbor's large trees planted less than two meters from the dividing fence.

The law provides that in principle, a tree more than two meters high must not be planted less than two meters from this property line and a tree less than two meters must not be planted less than 50 centimeters .

But it specifies that these distances must be respected “in the absence of constant and recognized” local “regulations and uses”.

In a seaside resort, an owner demanded the removal of several very tall holm oaks located on the boundary of his neighbor's property. But the local town planning plan, although it allowed cutting or uprooting for particular needs, after special authorization, also required their replacement by other “high-profile” trees.

These trees are “classified” by the PLU, that is to say they must be maintained to preserve the character of the town, explained this town planning regulation.

However, this does not prevent pruning from being required, so that the branches do not protrude outside the property, above the neighbor's land, the Court of Appeal had previously observed.

(Cass. Civil 3, 7.1.2021, X 19-23.694).