Juge de proximité for trees on boundary
#1
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Joined: Nov 2009
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Juge de proximité for trees on boundary
We have spoken to our Notaire concerning some trees on the neighbouring agricultural land who has ignored our polite requests to cut the trees back as they are within a metre of our fence and are around 50 feet tall plus. Initially he said he could send a letter to the land owner, who incidentally lives in the nearest city (so is not that local) but uses a local farmer to maintain the land. We sent a letter which was ignored, we then sent one by avis which was not collected. We also spoke to the farmer who didn't expect her to do anything and suggested she is not easy to deal with at the best of times!! We have confirmed with the Mayor that we have the correct address. Now the Notaire has suggested contacting the Juge de Proximité as our circumstances show that the trees are needing pruning. We think this is a little heavy considering we just want the proprietor to acknowledge a letter so that she is aware of the law. We feel contacting a Juge is a little heavy handed. Our hands our tied as we only want the branches overhanging our land cut as in the winter they fall into the garden. We know by law we aren't allowed to touch them, we also know the Mayor cannot do anything, and we know by law she is responsible for pruning these trees. Has anyone had the same issues and managed to get around them in a more amicable manner?
#2
Re: Juge de proximité for trees on boundary
I would have thought getting a huissier to deliver the notaire's letter would be the next step, it would also put you in a stronger position if you later do have to go to court. It might also be possible to get the huissier to confirm that the trees do overhang your land.
#3
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Joined: Nov 2009
Posts: 597
Re: Juge de proximité for trees on boundary
Thanks. I think the Notaire at one point said about one if his letter failed to give any response. I will await the Notaires response in the meantime.