Trimming your hedge regularly is an obligation. There are specific regulations and laws intended in part to avoid conflicts between neighbors. Whatever the nature of your hedge, you have to know how high to prune it whether you own it or rent it, you have obligations. Here is what you need to know and what the law says about it!
Hedge trimming regulations
It is possible to grow freely in your garden shrubs, trees and hedges. On the other hand, it is necessary to respect the distances from your neighbors. As these can change according to the town planning regulations and your region, you must therefore check with the town planning department of your municipality.
In the absence of local provisions, the rule is not to plant a hedge less than 50 cm from the property line if your plantings do not exceed two meters in adulthood. It must be two meters if the plants exceed two meters.
Who is responsible for pruning as part of a joint hedge?
First of all, you have to know if the hedge is joint. It is if: it delimits the separation between the two properties.
If you have the slightest doubt, it is enough for one of the two parties to produce its title deed, it can be:
- A notarial deed which is provided when you purchased your land or house.
- A private act signed by neighbors who planted the hedge first.
Joint ownership is also effective when the hedge has been maintained at common expense for more than 30 years.
Good to know : the owner of land delimited by the non-dividing hedge of his neighbor cannot force the latter to cede joint ownership to him. You are not entitled to buy the joint ownership of a hedge, unlike a wall.
What does the law say about the maintenance of the dividing hedge?
In principle, the dividing hedge belongs to the two neighbors, its maintenance is therefore their responsibility.
It is article 667 of the Civil Code which gives us all the details. It indicates in fact that: ” the dividing fence must be maintained at common expense “. This therefore means that each of the parties must participate in the size of the latter on its side. To avoid conflicts, it is better to find an agreement with your neighbor.
In this situation, the law does not impose anything on the level of the size of the hedge. You can share the costs if you decide to hire a professional.
It is possible for one of the two owners to get rid of the part of the hedge that is on his property at any time. It’s’article 668 of the Civil Code which reads as follows: ” The co-owner of a dividing hedge can destroy it up to the limit of his property. “. You do not have to obtain the agreement of your neighbor, on the other hand you have to mount a wall at the boundary of the separation.
Your neighbor does not want to cut the dividing hedge: what to do?
In this case, you have several recourse, but it is always preferable to speak to him in order to know his motivations. He may refuse or be late or unable to do so.
If he still refuses, follow these steps:
- Send a registered letter with acknowledgment of receipt and wait a month for the response.
- Without an answer, have a bailiff’s report with photos supporting your claims.
- Send a summons by bailiff, this aims to abandon joint ownership or participate in maintenance costs.
- If the neighbor still does not move, you enter the Court to settle the dispute.
Read also : Adjoining garden: can we pick the neighbour’s fruit?
