Your neighbour’s leaves fall into your garden: who does the raking? 🍂
Their tree gives you shade in summer… and extra work in autumn!
You have just cleared your terrace when a gust of wind brings another batch of leaves from next door. Since the tree belongs to your neighbour, should they come and collect them?
Their tree… your rake!
In France, you generally maintain your own garden, even when the leaves come from next door. Naturally falling leaves are usually considered a normal part of living alongside neighbours, particularly in leafy surroundings.
The tree’s owner is therefore not automatically required to clean up your garden. The leaves cross the fence… the gardener does not necessarily follow!
What if it becomes excessive?
A few leaves on the lawn are not enough to make your neighbour responsible. However, unusually serious nuisance or damage may warrant consideration under French rules on abnormal neighbourhood disturbance.
Drainage repeatedly blocked despite regular maintenance, or damage to property, may be relevant. But a blocked gutter alone does not establish your neighbour’s liability: the severity, frequency and surroundings all matter.
If the problem persists, keep dated photographs and records of maintenance or repairs.
Are branches hanging over your garden too?
That is a different matter! Under French law, you can ask the tree’s owner to cut back branches extending over your property. However, you cannot cut them yourself without their permission.
Roots, brambles and small twigs may be cut back by you, but only as far as your property boundary.
Have a chat before falling out!
Your neighbour may not realise how much trouble the leaves are causing. A friendly conversation could lead to a practical solution: appropriate tree maintenance, gutter protection or occasional help with clearing up.
If discussions reach a standstill, a French conciliateur de justice can help you seek an agreement free of charge.
And those collected leaves? Some can go into the compost or be used as mulch. A useful way to turn a chore into a resource!
Nicole & Yves’ advice
Normal leaf fall: you generally maintain your own garden. Excessive nuisance or damage: the circumstances need closer examination. Overhanging branches: ask the owner to cut them back.
When buying a home, take a look at the trees and the garden’s maintenance needs too. A lovely outdoor space brings plenty of enjoyment… and sometimes a little exercise with a rake!
Nicole Chauveau & Yves Demolie — Optimhome Immobilier
Your local property advisers in Issoire and the surrounding area.
