# Neighbour’s Tree Branches in Toulon: Trimming and Rights > Overhanging tree branches from your neighbor's property in Toulon? Know your rights under Article 673 and the steps to take. Call 04 22 46 06 04. - URL : https://cassini-expertise.fr/en/neighbor-tree-branches-toulon-article-673/ - Langue : en-US - Mis à jour : 2026-11-02 - Site : Cassini Expertise (https://cassini-expertise.fr/) {“@context”: “https://schema.org”, “@type”: “FAQPage”, “mainEntity”: [{“@type”: “Question”, “name”: “Does the expert come to my property, or do I need to travel?”, “acceptedAnswer”: {“@type”: “Answer”, “text”: “The expert comes to you, on site. The visit lasts 2 to 3 hours depending on the size of the property. The expert who inspects the property is the one who signs the report.”}}, {“@type”: “Question”, “name”: “Is the expert quote really free?”, “acceptedAnswer”: {“@type”: “Answer”, “text”: “Yes. The quote is free, detailed and comes with no obligation. You know exactly what you are paying for before you decide. No work or materials will be sold to you afterwards – the expert is independent.”}}, {“@type”: “Question”, “name”: “What happens if I do nothing?”, “acceptedAnswer”: {“@type”: “Answer”, “text”: “It depends on the issue: a crack that keeps growing can compromise the structure. Water infiltration can rot the roof frame. A waterproofing defect can degrade insulation. The longer you wait, the more expensive the repairs become.”}}, {“@type”: “Question”, “name”: “Does the expert work with my lawyer?”, “acceptedAnswer”: {“@type”: “Answer”, “text”: “Yes. The expert report is drafted so it can be used in an amicable settlement or in court proceedings. It is admissible against an insurer, a co-ownership manager (syndic), a contractor, or before a court.”}}]} PROPERTY LAW – SHARED BOUNDARIES Your neighbour’s tree branches are growing onto your property, blocking your enjoyment of your terrace, or threatening your roof. In [Toulon](https://cassini-expertise.fr/toulon-secheresse-argile-fissures-donnees-officielles/), with the mistral wind capable of tearing branches off umbrella pines, this is a recurring problem. Here is exactly how to apply Article 673 of the French Civil Code, without unnecessary conflict and without risking a legal misstep. ## What the law says about branches and roots ![neighbor's tree branches trimming pruning rights Toulon 83 - Cassini Expertise](https://cassini-expertise.fr/wp-content/uploads/2026/09/vefa-antibes.webp) *Cassini Expertise – independent building expert* Article 673 of the French Civil Code distinguishes between two situations: - **Branches overhanging your property:** You have the right to require your neighbour to cut them back. You may NOT cut them yourself without their consent, unless you obtain a court order (ordonnance sur requête) from the Toulon Judicial Court. - **Roots, brambles or twigs:** You may cut these yourself at the boundary line. This right is not subject to any time limit. Note: case law from the French Supreme Court (Cour de cassation, Civ. 3e, 12 May 2010, no. 09-65.728) specifies that the neighbour only has to cut back the branches that cross the boundary – they are not required to prune the entire tree. ## The practical procedure in 4 steps ### Step 1: Findings recorded by a bailiff (15 min, ~€200) Before taking any action, have the encroachment formally recorded by a commissioner of justice (bailiff) in Toulon. This official record is presumed accurate unless proven otherwise, and will be useful if court proceedings become necessary. ### Step 2: Formal notice by registered letter Send a registered letter with acknowledgment of [receipt](https://cassini-expertise.fr/expertise-vefa-06-83/) to your neighbour. Here is a sample template: **Subject:** Request to cut back branches crossing the property boundary – Art. 673 French Civil Code **Dear Sir or Madam,** In accordance with Article 673 of the French Civil Code, I kindly ask you to cut back the branches of your [tree] that overhang my property located at [address]. These branches cross the boundary line and [describe the issue: threaten the roof, obstruct the view, cause water infiltration]. I would be grateful if you could carry out this work within 15 days, failing which I will be obliged to bring the matter before the Toulon Judicial Court. I remain available to arrange an appointment with a tree surgeon. **Done at Toulon, on [date].** ### Step 3: Filing with the court (if the neighbour refuses) If your neighbour refuses, you can file a simple application with the consumer protection judge (juge des contentieux de la protection) at the Toulon Judicial Court (no lawyer required below €10,000). The hearing typically takes place within 2 to 3 months. The judge will issue an order requiring the neighbour to cut back the branches, sometimes backed by a penalty of €50 to €150 per day of delay. ### Step 4: Enforcing the work (in urgent cases) In an emergency (a branch about to fall on your roof), you can obtain an [urgent interim order](https://cassini-expertise.fr/accompagnement-avocats-expertise-06-83/) (référé) within 8 days. The court will then appoint an expert to assess the situation, and may authorize the cutting at the neighbour’s expense. ## Frequently asked questions in Toulon ### Can I cut the branches myself? No, unless you have your neighbour’s written consent. If you cut them without authorization, you can be sued for trespass and ordered to pay damages. ### What if it’s a protected or remarkable tree? In Toulon, certain umbrella pines or holm oaks may be protected under the local urban development plan (PLU). Check with the town hall (planning department, 04 94 36 30 00). If the tree is protected, you cannot require it to be felled – only the overhanging branches can be trimmed. ### Does fruit that falls from the branches onto my property belong to me? Yes! Article 673, paragraph 3, provides that fruit that falls naturally belongs to you. You may pick it up freely. ## Case study: a villa in Le Mourillon I handled a dispute involving a 12-metre umbrella pine whose branches were overhanging a neighbouring villa. The roof had been damaged by a falling branch during a mistral gust of 100 km/h. Laser rangefinder measurements confirmed that the branches extended 4.20 metres beyond the property line. After a formal notice and the neighbour’s refusal, an urgent court order was obtained. The pruning cost €850, paid for by the tree’s owner, and the roof damage (€2,400) was covered by his civil liability insurance. 📅 **Updated on 16/08/2026** – By **Cassini Expertise**, independent building expert for the Alpes-Maritimes (06) & Var (83). Free quote: [04 22 46 06 04](tel:+33422460604). **To learn more:** - [Your neighbour refuses to pay for shared wall repairs in Marseille – Practical remedies (Art. 655 French Civil Code)](https://cassini-expertise.fr/reparation-mur-mitoyen-refus-voisin-recours-marseille-13/) - [Shared walls: repair and maintenance responsibilities between neighbours in Antibes](https://cassini-expertise.fr/mur-mitoyen-reparation-entretien-partage-voisins-antibes/) - [Shared boundaries and rights of way: 2026 guide for the Alpes-Maritimes and Var](https://cassini-expertise.fr/mitoyennete-et-servitude-de-passage-guide-2026-pour-le-06-et-le-83/) **See also:** [Shared Hedges: Height, Trimming and Planting Distance on the French Riviera](https://cassini-expertise.fr/en/shared-hedge-height-trimming-distance-french-riviera/) · [Ladder Easement in Nice: Access to a Neighbour’s Land](https://cassini-expertise.fr/en/ladder-easement-nice-neighbor-access-repairs/) --- Source : https://cassini-expertise.fr/en/neighbor-tree-branches-toulon-article-673/