Neighbours cut down my hedge

Barrie … you may well be quoting from your own personal experience (?)… but please do not tar all Mairies with the same brush.

cheers

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Who’s Bob

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See earlier replies, Mary

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It’s been an “insane” morning already here at home… that typo is just another sign that I’m almost losing the plot. Had just put the phone down on Bob (from over the way)… when I went to reply to Barrie… :roll_eyes: :wink: :relaxed:

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Hello Harriet sorry to hear of your problem re your laurel hedge.
We had some ‘difficulties’ regarding planting distances from the boundaries when we first began our garden many years ago.(Basically our neighbours decided that we were not going to grow anything on our land that would restrict their view !)
We found the following link extremely useful as it helped to boost our knowledge & increase our confidence regarding our rights when approaching both the neighbours & our Mairie.
It was also a piece of paper to wave to the Maire; who was most impressed that we’d taken the time & trouble to investigate our rights in French (just quote the Code Civil ) & obtain a translation of it. https://www.french-property.com/guides/france/property-rights/trees/ also a link to the French Civil Code by an Avocat in St Malo which sets it out in French, although I’m sure you’ll be able to find other links - https://www.gouyer-avocat.com/distanceethauteur.
Generally we’ve found our Marie very helpful, we know that they are often embarrassed about the way some of their inhabitants behave towards ‘foreigners’.
Lesson one don’t give up; unless there is a boundary error then you are in the right.
If you have photo evidence of the hedge ‘Before & After’ this is extremely useful, take accurate measurements of your hedge position, take clear photo’s showing the distances etc-it’s very hard to dispute this type of evidence !
Also what did they do with the hedge cuttings ? if they were legally planted on your own land then they belonged to you ,they remain your property,the neighbours had no right to remove them(If they remain -photo them !!)
Copies of all of this should be sent to the OWNER of the property plus the Code Civil and to the Mairie asking for advice regarding a possible breach of the Code, most mayors would find it impossible to IGNORE such obvious evidence and a request for help.
If you don’t get a reply by email/ post resend your requests recorded delivery but obviously allow time for a delay in replies etc as most Mairie’s are only operating a skeleton service at present
Bon Chance

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Our neighbours also did this. We had let trees grow (self-seeded) too close to the boundary and they’d said they would de-branch where they hung over but in the end, they cut the actual trees down. Nothing we could do about it. We have planted a proper hedgerow 3m inside the boundary, which is now 30ft high and we pretty much remain inside that with brief walks around the outside. It was never an issue when they rotated crops but now they plant maize every year.

Hi Elaine - thanks for taking the trouble to write such a long and helpful reply.
Good news - the problem is solved, more or less to my satisfaction.

Following my very friendly note to the woman who did the deed, she came round to visit yesterday afternoon. She was in a very friendly and expansive mood, and basically obviously believes she was doing us a favour. She thought the bushes were invasive weeds as they would grow very tall (!) and were also illegal because too close to the fence. In fairness there were also some brambles growing behind them, only visible from her side of the fence. She genuinely thought we’d be pleased to see them gone. She said she’d wanted to ask our permission but could not see us (a bit unlikely, we thought). I asked if she’d object if we put up a fence or trellis on the boundary and she thought it was a fine idea.

She was very chatty and friendly - told me stories about the old man who was the last inhabitant of my house, who she knew well as a child. We parted on excellent terms.I’m really glad I didn’t take an aggressive approach or bring in the Maire. We may have lost some bushes but we seem to have gained a friend. And I’ve learned a lot about boundary law!

Thanks to all who have replied so helpfully.

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Hello Patricia - my namesake! Are we distant cousins? I think the answer to all this may be that we simply don’t know French boundary law, and they probably rather resent that. Glad you solved your own problem, anyway.

Harriet…

You are now on friendly terms… excellent.

when you do put up the fence… might I suggest you do it in conjunction with your neighbour…

Invite them round… and show them/discuss with them…where you would like the fence posts to go.

Fair enough, the fence will be yours to provide, your responsibility… but by making them part of the venture, you will be cementing the friendship and (hopefully) avoiding future strife.

best of luck

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That’s great advice - thanks, Stella.

Good result.

Yup, second that, we did that when we fenced our hectare and ended up with less in some places and more in others but more importantly, we ended up with a solution that everyone is happy with. And if any future owners don’t like it, they can pay for the ‘bornage’!!

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Thanks, Catharine!

I wonder if all Devines are related. :slight_smile: My lot are from Cork in Ireland originally. Our neighbours were within their rights but I was pretty pissed off. The farmer at the time was ill (now died) and his sons have taken over - we are not on as good terms with them, sadly, and nearly had to take them to court on another issue recently. Fortunately, the mayor stepped in and sorted it out.

Think you’ll find they’re in the wrong.
I was ordered by the mayor to cut my Laylandii, they were 12mt and on the very front border of my garden, and overhanging… i looked into all the laws and no way could i resist or refuse.
I found i could have a hedge on the boundary line up to 2mt tall… any tree within 2 mt can only be 2 mt
my leylandii had even pushed my small wall with their roots, had they been 30yrs old, they would have been allowed.
at present, my neighbour has 12mt leylandii, just on our dividing line… it was a single property. split in 2. the cadastre were crafty, and made sure the trees were beyond my legal right to demand cutting.
The branches reach well over the dividing fence and cur out all light on the garden until well after midday…
they also almost touch my new kitchen roof and block light until midday… [minor benefit mid summer, they shade from the full on south sun]
but i have no legal right to cut the branches. they’re his trees…
If your neighbour entered your property uninvited, and damaged your plants… surely it is trespass with intent to damage your property?
But fair words are probably needed to keep the peace, but not to let them get away with the damage, they can’t grow the tree’s again, and they’ll take a few years to bush up again… Reverse logic and make them feel ashamed somehow… better than trying to wring a stone?

Surely you have the right to cut anything which overhangs your property.

The cut branches remain your neighbours property though and you should offer to return them.

Bob…

To whom are you replying ? Your’s is the 55th post on this thread… … :thinking:

Hi Stella, i might have found the wrong reply button, it was to the original post i intended the reply… did i get it right this time? :thinking:

oh i would dearly love to cut them, but if they’re growing on the plant… they’re out of bounds…
I think there’s urban myth that you can chop and chuck?.. if it’s fallen, it’s fair game.
i hope someone can tell me otherwise…
I’m on very good terms with my neighbours, but he is insistent that the trees protect his property from the S/W winds… he might be having a rethink thoughg,
as the latest storm came from the east, dropped 5 of his other trees[darn it]. one 12m leylandii, straight across his pool!!.. I’ll work on him a bit now.

Chapter and verse is here;
https://www.service-public.fr/particuliers/vosdroits/F614