Neighbor’s Tree Branches in Toulon: Trimming, Pruning and Your Right to Have Them Removed — Article 673 of the Civil Code

PROPERTY LAW — SHARED BOUNDARIES

Your neighbor’s tree branches are growing onto your property, blocking your enjoyment of your terrace, or threatening your roof. In Toulon, 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

Article 673 of the French Civil Code distinguishes between two situations:

• Branches overhanging your property: You have the right to require your neighbor 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 neighbor 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 to your neighbor. 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 neighbor refuses)

If your neighbor 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 neighbor 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 (référé) within 8 days. The court will then appoint an expert to assess the situation, and may authorize the cutting at the neighbor’s expense.

Frequently asked questions in Toulon

Can I cut the branches myself?

No, unless you have your neighbor’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.

Do 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 neighboring 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 neighbor’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.

📅 Mis à jour le 25/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).