How to protect yourself from neighbors' trees?

The incident took place in protected woodland in the wake of storm Joachim in 2011. Two county pines fell on the neighbors' grounds, causing extensive damage. Fearing a new disaster, the victims wanted to cut down other trees near their homes but were rejected at first instance and on appeal.

The Second Judges had, in particular, given reasons for the refusal on the ground that no prior authorization was required in protected wooded areas. The National Forestry Board (NFB) recognized the constant threat of one of the pine trees, which, given its height, was very close to the private dwelling. The appellants, with or without permission, had to cut down or, failing that, prune trees to stop the abnormal neighborhood disorder they claimed to suffer.

In this case, the expert opinion did not recommend cutting down trees, as the risk of falling was unlikely under normal weather conditions. Therefore, there was no obvious danger and therefore no disorder justifying the removal of trees. The Cassation Judges therefore upheld the appeal judgment. But the rejection of the pruning request was censored because any owner is entitled to obtain the size of the branches of nearby plantations that overhang his land. Therefore, the absence of danger cannot impede the exercise of this right non-prescriptible, that is to say, without limit.