An owner can only force his neighbor to prune the branches of a tree if the land is adjoining. This was confirmed by the Court of Cassation in its judgment of 20 June 2019.
The branches of a cedar tree planted on land on the edge of a public road overlook the road and the land opposite. The owners of this land are taking legal action to force the owner of the tree to cut off the troublesome branches.
Indeed, the owner of the land on which the branches of the neighbor's trees, shrubs and bushes advance has no right to cut them himself, but he can compel the neighbor to do so. This possibility is not limited in time but is conditioned by the immediate proximity of the neighboring lands.
The decision of the court of first instance taken up by the Court of Cassation requires that the land have a common limit by denying this right to the owner whose land of planting the tree is separated from that of the neighbor by a public road.
