Shared Hedge in Nice: the Precise Legal Framework (Article 671 of the French Civil Code)
You planted a laurel hedge along your property line in Nice, and your neighbour is now demanding that you prune it, citing Article 671 of the French Civil Code. You measure the height: 2.10 m from your side, but your neighbour insists it exceeds 2.50 m from theirs. Who is right? The dispute looks trivial, but it hinges on distance, height, co-ownership and sometimes local planning rules (PLU) that, if misread, can end up before the Nice judicial court.
Cassini Expertise regularly intervenes in Nice, Villefranche-sur-Mer, Saint-Jean-Cap-Ferrat and Beaulieu-sur-Mer to measure, assess the condition of plantings, and settle disputes between parties before any legal action is taken. Here we explain the applicable rules, the measurement methods (including on sloped land), and the remedies available.
Article 671 of the Civil Code: legal distances and heights for plantings
Article 671 of the Civil Code states:
- If the planting is over 2 metres high, it must be set back at least 2 metres from the boundary line;
- If the height is 2 metres or less, the minimum distance is 0.50 metres.
These distances are measured from the centre of the trunk or the base of the hedge to the boundary line. Any planting that fails to respect these distances can be uprooted or cut back at the neighbour’s request, with no possibility of acquiring rights through prescription (Cass. civ. 3e, 14 May 2009, no. 08-13.708).
⚠️ The Nice PLU (Local Urban Plan) may impose stricter rules. In zone UA (historic centre), certain regulations cap the height of hedges at 1.80 m, or even prohibit boundary plantings altogether to preserve urban harmony. Before any dispute, it is essential to check the zoning regulations that apply to the relevant plot.
Measuring height on sloped land: the technical method
In Nice and its hillside districts (Mont-Boron, Cimiez, Fabron), many plots have significant gradients. Height is always measured vertically, from natural ground level to the top of the planting. But which ground level applies when the two properties sit at different heights?
Case law holds that the ground level of the neighbouring plot applies if it is higher (Cass. civ. 3e, 21 October 1998, no. 97-11.297). In practice, if your neighbour, standing on higher ground, measures the hedge at 2.50 m from their side while you measure 2.10 m from yours, the less favourable measurement prevails.
Cassini’s expert methodology:
- Laser-level topographic survey of natural ground level on both properties;
- Vertical measurement of the hedge from the least favourable point;
- Check of the horizontal distance between the base of the hedge and the cadastral boundary;
- Verification of whether the hedge is shared or privately owned (title deeds, possession, presumption under Article 666 of the Civil Code).
On a 15% slope, an apparent difference of 20 cm can translate into a real vertical projection of 40 cm, tipping the planting into non-compliance.
Shared hedges: joint rights and obligations
If the hedge was planted on the boundary line or purchased jointly, it is presumed to be shared property (Article 666 of the Civil Code). Each owner holds an undivided share and has:
- The right to use the fruit, flowers and wood;
- The obligation to share maintenance costs (trimming, pruning, removal if necessary);
- The right to renounce shared ownership by having the hedge removed at their own expense and giving up their claim to it.
Unilateral pruning is prohibited. If you trim a shared hedge alone without your neighbour’s agreement, you infringe on the co-ownership (Cass. civ. 3e, 12 July 2005, no. 04-13.188) and can be held liable under Article 1240 of the Civil Code.
In practice, we recommend a written annual agreement setting the date and contractor for pruning, with costs split 50/50. Failing that, one co-owner can apply to the court for authorisation to carry out essential work alone, with reimbursement to follow (Article 815-2 of the Civil Code, applied by analogy).
What to do if your neighbour’s hedge encroaches or exceeds the legal height
If your neighbour’s hedge does not comply with Article 671 (insufficient distance or excessive height), you have several options:
1. Amicable formal notice
Send a registered letter with acknowledgement of receipt describing the non-compliance (measured height, observed distance, reference to the PLU if applicable), requesting pruning or removal within 30 days. Include dated photographs and an annotated cadastral map.
2. Bailiff’s report (constat d’huissier)
If there is no response, a formal report (ideally with the neighbour present) documents the situation, the measurements and any nuisance caused (shading, surface roots). Typical cost in Nice: €400 to €600.
3. Amicable expert assessment
Cassini Expertise carries out a neutral, joint site assessment with topographic measurements, annotated photographs and a technical opinion on compliance with Article 671 and the PLU. This report can be submitted to court or used as the basis for a settlement. Free quote: call 04 22 46 06 04.
4. Summons before the Nice judicial court
The Nice judicial court (place du Palais, 06000 Nice) has jurisdiction over neighbour disputes in Nice, Villefranche-sur-Mer, Saint-Jean-Cap-Ferrat, Beaulieu, Èze, La Turbie and surrounding communes. The judge may order:
- The hedge to be cut back to the legal height or removed;
- Enforcement under a daily penalty (astreinte);
- The losing party to pay costs and, where damage is proven, compensation (loss of sunlight, soil damage from roots).
Legal costs (lawyer, bailiff, possible court-appointed expert) typically range from €2,000 to €4,000, generally borne by the losing party.
Can you cut overhanging branches yourself?
Article 673 of the Civil Code allows a property owner to cut roots, brambles and branches from a neighbour’s trees that extend onto their land, without being able to force the neighbour to do it themselves. You may therefore prune overhanging branches up to the exact boundary of your property, provided you do not step onto your neighbour’s land.
⚠️ You cannot force your neighbour to prune, nor enter their property without permission. If the hedge is shared property, pruning falls under co-ownership rules: prior agreement is required.
Consequences of an unmaintained hedge in Nice
A cherry laurel or Leyland cypress can grow 30 to 50 cm a year in the Nice climate. Within two years, a hedge planted at 2 m can reach 2.80 m, exceeding the legal threshold and causing:
- Loss of sunlight on the neighbouring garden or terrace, particularly noticeable in winter;
- Invasive root growth: some species damage PVC pipework, common in newer builds;
- A drop in property value for the neighbouring home, estimated by Nice estate agents at 5 to 10% on resale.
If a shared hedge is left unmaintained and one co-owner refuses to contribute, the other can act alone and claim reimbursement of half the cost through the courts (Article 815-13 of the Civil Code, applied by analogy to jointly owned property).
Why call an independent building expert
Hedge disputes in Nice often come down to a matter of centimetres. Cassini Expertise intervenes before any legal proceedings to:
- Measure the actual height on sloped land using topographic instruments;
- Check the planting distance against the cadastral survey and boundary markers;
- Determine whether the hedge is shared or privately owned (title research, possession assessment);
- Verify compliance with the Nice PLU (zones UA, UB, UC, UD);
- Draft a neutral technical report that holds up in court.
📞 Free quote and fast response: 04 22 46 06 04
📍 Cassini Expertise, 22 rue Vauban, 06600 Antibes
Service area: Alpes-Maritimes (06) and Var (83)
Frequently asked questions
What is the maximum height for a hedge in Nice?
If the hedge is planted less than 2 metres from the boundary line, it cannot exceed 2 metres in height (Article 671 of the Civil Code). Beyond 2 m of distance, the Civil Code sets no height limit, but the Nice PLU may impose its own rules (particularly in zone UA).
How far from the neighbour’s boundary should a hedge be planted in Nice?
A minimum of 0.50 metres if the hedge does not exceed 2 m in height; a minimum of 2 metres if it does. This distance is measured from the centre of the trunk or the base to the exact cadastral boundary.
Can my neighbour cut my hedge where it overhangs their property?
Yes, Article 673 of the Civil Code allows them to cut branches and roots that extend onto their land, up to the exact property boundary. They cannot force you to do it, nor enter your property to prune. If the hedge is shared, any pruning requires agreement between co-owners.
How do you prove a hedge is shared property in Nice?
Shared ownership is proven by title deeds (notarial act), a written agreement, or by presumption if the hedge is planted exactly on the boundary line (Article 666 of the Civil Code). In the absence of evidence to the contrary, a hedge located exactly on the boundary is presumed to be shared. A topographic survey determines this position precisely.