Tree planting follows specific rules, whether for a private garden or a public urban development project. Because of these standards, some people don’t get the chance to plant a tree in their homes. But what exactly does the law say on this subject? Find out here what tree planting rules must be respected.
The Right to Plant Trees and Shrubs
In general, anyone is entitled to plant trees and shrubs in their yard if they have them. However, in practice, the rules may differ from region to region.
In areas where gardening is highly recommended, you are generally free to plant trees. However, if you live in an area that is considered a risk zone, you will likely be denied this privilege.
Therefore, before considering planting trees, you should check with the local council about the possibilities and different laws concerning tree planting.
On the other hand, if there are no specific local regulations, the rules for tree planting will be set by article 671 of the Civil Code.
Tree Care and Maintenance
Trees can become dangerous or a source of discomfort for the owner and the neighborhood when they are not maintained.
With time, the branches that grow can cross the legal distances and become invasive, deriving from the principle of joint ownership.
A tree left untended becomes diseased. It can therefore collapse at any time, endangering neighbors and passers-by. Moreover, a sick tree favors the proliferation of insects.
A tree left to its own devices does not follow any growth rules. Therefore, it can interfere with the sunlight in the neighbor’s home, or its roots can spread outside your yard.
Therefore, you can understand that having a tree in your yard requires a lot of attention to ensure its safety and that of the people around it.
Disputes and Their Resolution
Non-compliance with tree and shrub planting regulations is subject to penalties, such as planting restrictions or fines. In general, owners of yards with trees and shrubs respect property line regulations.
Your tree can be a source of conflict between you and your neighborhood if it does not meet these standards. You could go to court if the dispute is not resolved amicably. As the conflict becomes a dispute, it will be determined by case law due to the lack of legislation on the subject. This is called civil liability. Here is an example of a dispute and its resolution:
The branches of your tree are encroaching on the neighbor’s property. He kindly asks you to cut them down. However, you refuse. Note that the neighbor cannot cut the branches without your authorization. If you still haven’t cut the branches, your neighbor can file a complaint. If the court finds it in his favor, you will have to compensate the neighbor and cut the branches.
Find a Tree Trimmer Near You
As you can see, tree planting can become a source of conflict between neighbors when trees are not properly maintained. However, tree maintenance requires specific knowledge and mastery of certain techniques such as pruning, felling, or topping. If you are unfamiliar with these terms, then it is best to leave the maintenance of your trees to a professional.