Can I have my neighbour's hedge trimmed?

Can I have my neighbour's hedge trimmed?

"My neighbours' hedge has been overgrowing our property for several months. Unlike in previous years, they haven't trimmed it since September and it's becoming a real nuisance. In addition to the aesthetic and shading problems, the plants are encroaching on our property and scratching us when we mow the lawn. I think it's only right that they should be responsible for maintaining the hedge, but what about the legal situation?

Neighbourhood issues, and more specifically those relating to planting, are governed by the provisions of the Civil Code (CC), cantonal law and municipal regulations on the subject.

The Vaud Rural and Land Code (CRF) governs the height and width of hedges that can be cut back to match the property boundary. To calculate the distance from the property boundary, you need to take into account the height of the planting and the type of zone in which the plot is located. For example, in a building zone, planting up to two metres from the property boundary must be no more than three metres high.

The provisions of both the CRF and the CC are unequivocal regarding the encroachment of roots and branches onto neighbouring property: the person whose property is encroached upon by the branches of a neighbour's trees has the right to cut them back to his property line if they cause him harm, after giving a warning to the neighbour who has refused to do so within a reasonable time. The damage may be caused by the branches obstructing the cutting of a lawn, blocking the view or even reducing the amount of sunlight.

However, there are several exceptions to this general rule. Firstly, you are only allowed to trim your neighbour's hedge yourself if the plant is not protected on the basis of its species under the Law on the Protection of Nature, Monuments and Sites or a municipal by-law: a thuja, for example, is not a protected tree, whereas a wild blackthorn generally is. Secondly, a tree can also be considered protected because of its size, as soon as it reaches a diameter of 30 cm, measured at 1.30 m from the ground.

Ultimately, if your neighbour persists in refusing to trim his hedge, you will be entitled to apply to the Justice of the Peace to settle the dispute.