My neighbour doesn't trim his hedge
My neighbour doesn't trim his hedge
"I'm the owner of a villa on a 4-villa estate, which is divided into floors. One of the owners doesn't bother at all about the upkeep of his hedge, so I've had to trim it back to keep it clean.
What are his obligations in relation to his garden?
Jacques, Collonge-Bellerive
Condominium ownership is a special form of co-ownership, in which several people own a property. In order to guarantee the smooth running of such property and harmony between its members, their rights and duties must necessarily be defined. So, in addition to the legal provisions, the co-owners may adopt rules to specify the extent of each person's rights and duties.
First of all, a distinction must be made between common areas and private areas, as defined in the deed of the condominium. Common areas include the plot of land, the parts of the building that ensure its existence or define its external appearance, and the facilities that are accessible to all. Their use is generally codified in the regulations governing condominium ownership, to which reference should be made. Joint owners are obliged to contribute to the costs of maintenance and any repairs. As for the private areas, i.e. the areas over which the co-owner has exclusive rights of enjoyment and use, they form a whole and have their own access. Examples include a co-owner's villa, flat or garage. This exclusive right is limited by the rights of the other co-owners, so it is forbidden to damage the common areas, hinder their use or alter their appearance. In addition, each co-owner is required to maintain the externally visible part of his or her own premises in such a way as to keep the building in perfect condition and appearance.
First of all, you should refer to the deed of co-ownership to find out whether the hedge is a common or private property. If it is in fact a common area, your neighbour is obliged to contribute, in proportion to his share of co-ownership, to the costs of maintaining it, and you can therefore ask him to contribute to the costs incurred in maintaining it. If your neighbour has an exclusive right to the hedge, he is obliged to maintain the visible part in an irreproachable manner, and you can therefore require him to remedy his negligence at his own expense. Finally, you should be aware that the question of the height of the hedge is governed by the Geneva law implementing the Civil Code and the Code of Obligations.
