When the local city planning plan spares trees too close to the neighbor

A neighbor is asking for the removal of three tall holm oaks located less than 2 m from its separating limit, invoking the rules of the Civil Code.

Indeed, the Civil Code provides for a minimum retreat of 2 m from the separating limit to plant a tree intended to exceed 2 m in height and a retreat of at least 50 cm for the others. However, it also clarifies that these rules apply only in the absence of

existing special regulations

or

consistent and recognized practices

.

However, the trees in dispute are in the

protected afforestation

defined by the local city planning plan of a seaside resort.

The specific regulations of this area require the conservation of the vegetative framework and make the removal of large adult trees subject to authorization and to the obligation to replace them with a planting of similar trees.

Thus, the Court of Appeal decided that these specific rules prevailed over the rules of the Civil Code and prevented the uprooting of trees.

This is confirmed by the Court of Cassation in dismissing the appeal.