A subject which I think has come up a couple of times.
So, the neighbour popped round today.
It seems that some of the trees and bushes in my garden have drown to put sufficient pressure on the wall between our properties to topple sections into her garden. She asked if I could cut the branches away on my side.
All very reasonable and I am happy to help, bits of the garden are a bit neglected and it would not hurt to cut stuff away from the wall. She wasn’t demanding that I do anything instantly, said she’d managed to cut some from her side and replace the bits of fence, and seemed to understand that it was difficult to keep on top of things with only sporadic visits.
Either I will see what I can do, or I will ask our gardener - probably the latter as we’re only here for a week and already have a decently long jobs list.
But the other thing she mentioned was that one of our oaks shades her garden.
It almost certainly does - it is a large tree, right at the corner of my plot and adjacent to the garden of another set of neighbours - who are scottish and theirs is also a maison secondaire.
The tree is probably at least 100 years old though (maybe 200) so almost certainly predates not only her acquisition of her house but its construction as well.
I suspect, therefore, that she would not have the expectation of light (or lack of shade) but am wondering how to keep this all amicable. Certainly to start with a chat with the neighbours most directly affected by its presence - they might quite like it where it is and in the shape that it is in. I also suspect that an élagueur would not come cheap.
If I am correct, it is not permissible to cut old and tall trees after March 15th, the possibility of nesting birds prevent such actions. It may be only a rule in this dept. Perhaps one should check it out before lurching forward.
Can we assume there is no preservation order on it, and you can chop it down if you want (subject to any nesting birds)? Not suggesting you would want to of course!
The oak tree was clearly present for many decades prior to the arrival of the neighbour. Trees grow — it’s normal. The neighbour should learn to live with it, and if our climate keeps changing into longer and hotter summers, then she might actually benefit from the shade.
Dunno - the neighbours might. Of course we do have Capricorne around in which case any tree they are currently burrowing into is protected ( I don’t know if there is any evidence of larvae in this particular tree).
The only reason I’d have it cut down would be if there was a danger of it falling (it would make quite a dent in our Scottish neighbour’s house if it fell that way).
I believe this falls under what’s classed as a “trouble anormal de voisinage”.
A similar scenario, although this was because of a newly constructed building not a tree that’s been there for decades, was covered recently on Le 13H à Vos Côtés which I happen to catch occasionally…
As they explain, the loss of sunlight (or “manque d’ensoleillement”) has to be excessive and there’s a 5 year limit for when the trouble anormal de voisinage has to be submitted.
I wonder if your neighbour may be hoping that you’re not aware of this and trying to pull a fast one.
Many areas of France “treasure” these ancient oaks. Please do not have it cut in any way, simply because the neighbour talks about shade!
Locally, our commune was forced to employ a Tree Doctor (specialist) to check the health of one huge oak. Unhealthy branches were identified and another specialist was then employed to do the necessary surgery (kept to a minimum). Thus the commune averted the possibility of unhealthy/dead branches falling and causing damage to people and/or property, yet managed to keep a landmark-oak… hurrah.
Shade will have been provided by your oak for donkeys years. I suspect your neighbour is just testing you.
Even if one ignores the rules on cutting at this time of year… I think, cutting in the tree’s growing season might allow disease to enter into an otherwise healthy tree. I spent time chatting with and watching the various specialists at their labours but I can’t recall word for word what they said.
I know that they worked hard to save the tree.
If your tree is healthy, causing shade is simply what it does. It will also be home/useful to a wide variety of insects/wildlife!
I’m not going to rush at this one. From a purely legal perspective I suspect that she could not force anything but I do want to keep on friendly terms.
So my plan is to have a better inspect of the trees which might push against the fence tomorrow or Weds (weather due to turn wet at the end of the week) and ask my gardener to tackle as it is unlikely I’ll get time this stay. It will cost me a little for his time but needs doing anyway.
As for the oak I am unlikely to do anything before consulting with the closer (to the tree) neighbours. Had it been growing about 2m from where it is now it would be in their garden so I think their views are just as, if not more, important. Also they speak better French and are better known around the village (they had lived here continuously for ~ 18 months, had a child in the local infants at the time etc) so they will probably be better informed if I have any obligations. If needs be I would also ask at the mairie.
We had a similar issue a few years ago. If you ask a professional arborist for advice you will probably be told that they won’t cut it at the top as that would allow disease to get into the tree, but will take out dead branches to give more light.
