Numerous trees having fallen as a result of

This decision provides important insight into your family and property rights. Here is what it changes for you.

The situation

Numerous trees having fallen onto neighbouring land as a result of a storm, a court of appeal which, after finding that the trees had fallen over a length of one hundred and twenty metres and a width of twenty metres on the neighbouring plot, that forty ares of that plot could no longer be exploited, that the trees were still rooted in the ground, that others were threatening to fall, that the grass had grown to a height of one metre and that the soil was scorched, holds that the owner was fully aware of that state of affairs and that he had refrained for more than two years from clearing the neighbouring land despite a formal notice (mise en demeure), from which it followed that the disturbance did not result from force majeure, lawfully justifies its decision to order the owner, on the basis of abnormal neighbourhood nuisance (trouble anormal de voisinage), to remove the fallen trees, to restore the neighbouring land and to take all measures required to prevent the trees standing in an unstable position from falling.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly observe the statutory time limits for bringing an appeal
• Keep all of your supporting documents (title deeds, legal instruments and correspondence)
• Plan ahead: preventive legal advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.