Can I cut the neighbour's branches that hang over my land?
No, not yourself for the branches. Under article 673 of the Civil Code, if the neighbour's tree branches hang over your land, you can't cut them yourself: you can only require the neighbour to cut them — an imprescriptible right (it never lapses). However, the roots, brambles and twigs that encroach, you have the right to cut yourself, at your property boundary. Good to know: fruit that falls naturally onto your land is yours (but you can't pick it off the tree).
📋 The rules
- Overhanging branches: you can't cut them yourself
- You can require the neighbour to cut them (imprescriptible right)
- Roots, brambles, twigs: you may cut them yourself, at the boundary
- Fallen fruit naturally on your land: it's yours
- You can't pick fruit off the neighbour's tree
🔓 Exceptions
- Amicable agreement: the neighbour can let you trim yourself
- Along public roads, specific trimming rules apply
- In case of danger (branch about to fall), a formal notice speeds things up
⚠️ Penalties & fines
Cutting the neighbour's branches yourself, without consent, can engage your liability: the neighbour can claim damages if you harm their tree. Conversely, if the neighbour refuses to trim despite your request, you can serve formal notice then go to court (or a justice conciliator) to compel them. A branch causing damage (gutter, roof) can also engage the tree owner's liability.
📎 Official sources
- Service-Public.fr · Trimming and overhanging branches →
- Légifrance · Article 673 of the Civil Code →
- Service-Public.fr · Neighbour dispute (conciliator) →
❓ Frequently asked
Can I cut the neighbour's overhanging branches?
No, not yourself. Article 673 of the Civil Code only lets you require the neighbour to cut the branches hanging over your land. This right is imprescriptible: it never lapses with time.
And the encroaching roots?
There, you can act yourself. Roots, brambles and twigs hanging over your land can be cut by you, at the boundary. The rule differs from that for branches.
Who owns the fallen fruit?
Fruit that falls naturally onto your land is yours. But you can't pick fruit still attached to the neighbour's tree, even if the branches overhang your property.
What if the neighbour won't trim?
Send a request, then a written formal notice. If they keep refusing, you can go to a free justice conciliator and then, if needed, the court to compel the trimming.
What's the risk of cutting it myself?
You engage your liability: if you damage the tree, the neighbour can claim damages. Better to get their written consent or go the amicable route before any action.
🔎 Common searches
What people search to land here:
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