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FRANCE’S CIVIL CODE IS STRICT AND CAN BE CONFUSING TO NAVIGATE READER QUESTION: WE HAVE A HEDGE THAT IS SPROUTING OVER OUR NEIGHBOURS' PROPERTY. WHOSE RESPONSIBILITY IS IT TO CLIP THOSE

BRANCHES PAST THE PROPERTY BOUNDARY: OURS OR THEIRS? Homeowners are always responsible for their own garden, plants and trees. This includes plants or trees that encroach on their

neighbour’s property. If you have a hedge that is sprouting over your neighbour’s property, then it is your responsibility to clip these branches. In accordance with ARTICLE 673 OF THE

FRENCH CIVIL CODE, they may even legally require you to cut them. “Any person whose property is encroached upon by the branches of a neighbour's trees, shrubs or bushes may oblige the

neighbour to cut them back,” states the code. Without your permission, your neighbours are actually not allowed to cut back these branches in case they damage your hedge. The exceptions to

this are “roots, brambles and twigs”, which the neighbour may cut back without your consent. You can give permission to your neighbour to cut back those branches despite it being your

responsibility. They might choose to make you do it, as per the law, but it is worth talking to them about the situation, as they may be happy to do it themselves. Although your neighbours

are not legally allowed to cut the branches of your hedge, if your hedge is made up of fruit trees, then they are entitled to any fruits that fall onto their property. The laws and rules

about your garden and its border with your neighbours are very strict. In general, never touch what does not belong to you even if it is on your property. THE RULES FOR A _M__ITOYEN_ HEDGE

DIFFER Your hedge might actually be a _mitoyen_ hedge, which is a hedge that belongs to both neighbours. If the hedge separating your property and your neighbour’s property is located on the

limit of both your properties, then it is a _mitoyen_ hedge. If it separates your properties but is firmly located on your property, then it belongs to you. You can check where it is

located via the_ cadastre_ (cadastral land plan), which you can find HERE. You may also be able to ask for plans at the local mairie which show if a hedge is mitoyen or not, in cases where

it is unclear. Your hedge also automatically becomes a _mitoyen_ hedge if both neighbours take care of it for thirty years, no matter whose property it is on. If it is a _mitoyen_ hedge,

then different rules apply. Each neighbour is responsible for the hedge on their property and anything in the hedge belongs equally to each neighbour. Each neighbour still has control over

their own garden, meaning that you can decide to remove the hedge on your property. If you do choose to do that, you will have to replace it with a wall. READ MORE: EXPLAINER: RIGHTS AND

OBLIGATIONS FOR SHARED GARDEN WALLS IN FRANCE In the case of a dispute, new rules mean you will now have to attempt to resolve your case amicably via a conciliateur de justice before you can

take the matter to court. RELATED ARTICLES CAN I BUILD ON SHARED WALL BETWEEN NEIGHBOUR’S AND MY FRENCH PROPERTY? GARDEN MAGNOLIA TREE IN FRANCE SAVED BY CHILDREN’S LOVE LETTER