Plantations (hedges, trees, shrubs...)

Plantations such as trees, shrubs and shrubs can be planted close to the boundary separating your land and that of your neighbor, provided you respect a certain distance.

This distance may be fixed by local rules laid down in existing special regulations or by local customs constant and recognized. To find out, you must ask your city hall for information.

If there are no local rules, the minimum distance from your neighbor's land varies depending on the height of your plantation.

So you can plant a tree more than 2 meters long provided that you respect minimum distance of 2 meters to the boundary separating the neighboring property. There is no height limit for trees that are planted more than 2 meters from the boundary separating the neighboring property.

On the other hand, iftree with a height of 2 meters or less, you must respect a minimum distance of 0,5 meters to the boundary separating the neighboring property.

The height of the plantation is measured from the ground to the top of the tree and the distance from the middle of the tree trunk.

However, a tree complying with these rules may cause a abnormal neighbourhood disorder (for example, because of the shade it provides to your neighbor's land).

Your neighbor may require that your plantation be uprooted or reduced to the legal height (plus or minus 2 meters depending on the distance from the plantation). However, you can oppose your neighbor's request in one of the following cases:

• You have a title, i.e. a written agreement giving you the right to keep your plantation in good condition
• You can invoke the father's destination whether the plantation was planted on the land before it was divided
• You can invoke the 30-year prescription whether the plantation has exceeded the legal height for more than 30 years. The duration of this prescription starts from the day on which the planting exceeded the legal height in relation to the distance from the separating limit of the neighboring property.

Outside of these cases, your neighbor may demand that the plantation be uprooted or reduced.

It is recommended to discuss to find a compromise.

In case of failure, your neighbor should send you a registered letter with acknowledgement of receipt to inform you of his inconvenience and remind you of the regulations. A template can be used to write the mail:

Ask your neighbor to cut down his trees

If the dispute persists, your neighbor must use an amicable approach (seeking an agreement) using a conciliator of justice (procedure is free) or mediation (paid approach) or a participatory procedure (paid approach with recourse to a lawyer).

The friendly approach is a mandatory step to subsequently bring a possible appeal before the judge.

In case of failure, your neighbor can appeal to the court of the place where the land is located. The action is brought against you, the owner of the land, even if it is your tenant who is at the origin of the disputed plantation.

It all depends on the plantation.

It all depends on whether the plantation is adjoining or not.