What the Law Says About Planting Different Types of Trees in Your Garden

Planting trees in your garden can be a wonderful way to enhance your property’s aesthetic appeal while also contributing to biodiversity. However, it is not as simple as just digging a hole and plugging in your chosen tree. There are legal regulations that you need to follow. These stipulations manage everything from the type of trees you can plant, the distance they should be from boundaries and even how tall they can grow. Let’s explore these regulations in detail.

General Regulations for Tree Planting

The Civil Code

In France, the planting of trees and shrubs is governed by Article 671 of the civil code. This article sets down general rules concerning the distances to respect when planting trees or shrubs of different heights.

Respecting Distances

The law is quite explicit about this: for plants exceeding 2 meters in height, they must be planted at least 2 meters away from the boundary separating your property from your neighbour’s. For plants that do not exceed 2 meters in height, they must be planted a minimum of 50 cm away from this boundary line.

Local Regulations

Beyond these national regulations, local municipalities may establish additional rules regarding planting distances. It is therefore advisable to consult with your town hall to find out if there are any local ordinances or subdivision regulations applicable in your area.

In following these guidelines, we pave the way for harmonious relations with our neighbours and ensure proper upkeep of our plantations.

Distance and Height: What Does the Law Say ?

The Importance of Distance

Respecting these distances is essential not only for preventing conflicts but also for ensuring good maintenance of your plantations. For instance, planting further than the minimum distance might facilitate hedge trimming and prevent potential nuisance.

Exceptions to the Rules

There are exceptions for certain planting configurations. For example, trees or shrubs can be planted against a shared wall without any required distance, provided they do not exceed the height of the wall. If the wall is not shared, only the owner of that wall can attach plants onto it.

Having explored these specifics, let’s look at our obligations regarding tree maintenance.

Maintaining Your Trees: Legal Obligations

Your Responsibilities

In addition to respecting planting distances, you’re also legally obligated to maintain your trees properly. This includes regular trimming to ensure that they don’t become a nuisance or a danger to your neighbours or passersby.

Resolving Disputes

If disputes on planting distances arise, there are several steps you can follow:

• A friendly discussion with your neighbour.
• If unresolved, possibly call upon a justice conciliator.
• In a worst-case scenario, a district court may be called into action.

With an understanding of these obligations, we can now delve into what happens when we defy these regulations.

Consequences of Non-compliance with Planting Rules

Potential Consequences

Breaching these regulations can lead to some serious consequences. This could range from fines and sanctions imposed by local authorities or even litigation initiated by unhappy neighbours.

Court Cases and Legal Recourse

In extreme cases where disputes cannot be resolved amicably or through mediation, recourse may be had in legal proceedings. The district court will then decide on the dispute following examination of evidence and arguments presented by both parties.

Before you start planting trees or shrubs in your garden, it is therefore crucial to understand and comply with these legal rules to ensure a harmonious co-existence with your neighbours. It’s also advised to stay informed of any changes that may occur in your local area so you can adjust your gardening plans accordingly.