Action Sheet — Brush Clearing
Writing to a neighbour to ask them to clear the undergrowth on their property: procedure and template
Does your 50-metre radius encroach on the neighbouring undeveloped plot? The law is clear: it’s up to you to sort it out — after informing them. A well-drafted letter (see template below), a one-month waiting period, and you’re covered: if they refuse, the responsibility falls on them.
Key points
- The branch is overhanging onto a neighbour’s property that has NOT been built on → it is your responsibility to clear the undergrowth in this area, at your own expense.
- A mandatory step: notify them in writing (preferably by registered post with acknowledgement of receipt), specifying the area and the nature of the works.
- If there is no objection within one month, you take action. If he REFUSES access, the obligation (and the penalties) fall on him.
- Keep everything: letters, registered post, before-and-after photos — these will act as your safeguard in the event of an inspection or a claim.
Equipment: the model below · floor plan/photo of the aisle (see ‘Measurements’ section) · recommended return envelope
Why it’s important
The Forestry Code places the responsibility for clearing undergrowth on the person threatened by it: the occupier of the building, even beyond its boundaries. However, entering someone else’s property cannot be done on a whim from a legal point of view — prior written notice is what makes your action lawful, and it is also what governs the shift in responsibility If the neighbour objects: as soon as they refuse, it is THEY who will be subject to a formal notice and fines. Without a written agreement, however, you remain solely responsible for an area that you are unable to treat. The full framework: Understanding the OLD.
How to do it, step by step
Mark out the area precisely
Screenshot of the route (fact sheet to measure its radius): the neighbour’s cadastral plot, the approximate area concerned, the nature of the planned work (mowing, thinning out shrubs, pruning — NO felling of healthy trees without express consent).
Identify the correct recipient
The OWNER of the plot (not the tenant): immediate neighbours, or the town hall’s town planning/land registry department, which will pass on the information, or the land registry office. Jointly owned plot: write to all known co-owners.
Post the letter
Send the form below by registered post with acknowledgement of receipt (proof of the date is crucial), and enclose the plan. Submitting a copy to the town hall supports the application in local authorities that follow the OLD.
Wait a month
If there is no reply or objection: their silence implies consent to access for this work — get in touch to let them know the date by a quick note or text message. If the reply is positive: agree on a date together and clear away any leftover materials.
In the event of a refusal: record the switch
Reply by registered post, acknowledging the refusal and pointing out that the obligation now rests with him (Article L131-12 of the Forestry Code), with a copy to the town hall. You are covered; the mayor has the file for further action (formal notice).
Document the procedure
Dated before-and-after photos, and any invoices. Waste materials: offer to shred them on site or arrange for their removal — a tidy site helps maintain good relations with neighbours, which will stand you in good stead year after year.
The mistakes that ruin everything
- Clearing the undergrowth on your neighbour’s property ‘quickly and without saying a word’ — you’re putting yourself at risk (damage, conflict) even if you think you’re doing the right thing.
- A simple text message as the only record: without proof of the date and content, there can be no legally binding shift of liability.
- Felling tall trees whilst passing through: the OLD requires work to be carried out in stages, not the felling of healthy trees — felling requires its approval.
- Leaving garden waste in piles at home: a source of conflict AND risk.
The tip that makes all the difference
Before sending a registered letter, try offering a coffee: nine out of ten neighbours are happy to agree when you show them the plans and promise to keep the site tidy. The letter then serves to formalise the arrangement — presented as ‘the document that protects us both’, it goes down very well.
A template letter to be adapted
Copy the text, complete the fields in square brackets, and send by registered post with acknowledgement of receipt. Enclose a map of the area (a screenshot from Géoportail or our tool).
Frequently Asked Questions
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