Puis-je couper les branches de l’arbre de mon voisin qui m’embêtent ?

Vous pensez justement à les couper sans même l’aviser. Bien non, il ne faut pas procéder de cette manière.

 

Parfois, il est fastidieux de devoir nettoyer les feuilles mortes qui tombent de l’arbre de votre voisin, qui vous dérange ou donne de l’ombre à votre jardin ? Vous pensez justement à  les couper sans même l’aviser. Bien non, il ne faut pas procéder de cette manière. Le voisinage est régi par des lois strictes dont vous devez vous conformer. Suivez cet article afin de vous épargner de tous litiges.

L’interdiction de couper d’arbre d’autrui

Il est certain que cet arbre déborde et vous embête, mais, justice ne se fait pas soi-même, la loi vous recommande de ne pas couper sans accord. Face à cette situation, il est préférable de trouver avec votre voisin un consensus à l’amiable qui lui fera remédier à cet encombrement. Au cas où il y a refus de sa part, il est impératif de s’adresser à qui de droit afin de le faire couper les branches. Mais, si vous interpellez le tribunal de grande instance et qu’il vous donne gain de cause, vous devez fournir des justificatifs solides sur la nuisance de l’arbre à la réaliser de vos activités quotidiennes dans le jardin ou sur l’état de la maison. Ceci dire que, la cause doit être sérieuse, renfermant des conséquences néfastes, car la simple répugnance dans de cette partie ou l’arbre est source d’ombrage, ne peut entraîner l’accord de découpage par la loi. Si vous décidez de régler la situation vous-même, le propriétaire peut vous suivre en justice et vous risquerez de payer des frais d’indemnisation pour avoir tué ou endommagé l’arbre.

Les droits régis par la loi sur les arbres débordants

Pour mieux promouvoir la quiétude d’habitation de chacun, les règles qui régissent le voisinage ne laissent en rade aucun détail, même s’il s’agit de la végétation. En effet, votre voisin a la responsabilité de gérer tous les dommages que son arbre est susceptible de causer à votre maison. Dans la mesure où les racines ou les branches produisent des dégâts, demandez-lui de vous payer ou bien de faire recours à la cour s’il refuse. Sachez que le propriétaire de l’arbre peut arriver à convaincre le juge de son infirmité d’empêcher les dommages, s’il prouve un cas de force majeure, s’agissant d’une intempérie comme un cyclone. Cependant, la cour ne lui suivra aucune responsabilité, mais, vous devez signaler que peu importe l’intensité du vent, le mauvais état de l’arbre est source des chutes de branches. Avec cet appui, le juge endossera à votre voisin ses responsabilités, car, la chute d’un arbre bien que propice d’être causée par une force majeure, est avant tout liée à sa dégradation.

Le refus de découpage des branches

Le refus de couper les branches d’arbre de la part de votre voisin conduit à une intervention du tribunal. Qu’il s’agisse d’une maison ou de condos à vendre, il est important de suivre les règles établies pour une bonne entente. Ce dernier fera l’étude de la situation pour voir l’impact sérieux de l’arbre sur la maison et, s’il dépasse la limite tolérable sur le voisinage. La situation peut s’avérer être critique, si vous remarquez une probabilité de chute, interpellez-le pour qu’il redresse l’arbre ou qu’il le démolit. S’il n’y a pas lieu de compromis, faites encore appel à la cour pour qu’elle ordonne sa démolition voire son redressage.

Si vous ne voulez pas le faire vous-même, vous pouvez toujours demander une soumission architecte paysager à un expert qui saura vous aider dans ce domaine.

 

94 pensées sur “Puis-je couper les branches de l’arbre de mon voisin qui m’embêtent ?

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  • 25 avril 2024 à 9 h 45 min
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    Understanding the complex world of chronometers
    Understanding COSC Validation and Its Importance in Horology
    COSC Validation and its Strict Criteria
    Controle Officiel Suisse des Chronometres, or the Official Swiss Chronometer Testing Agency, is the authorized Switzerland testing agency that certifies the precision and precision of timepieces. COSC accreditation is a sign of excellent craftsmanship and trustworthiness in chronometry. Not all watch brands pursue COSC certification, such as Hublot, which instead adheres to its proprietary stringent standards with mechanisms like the UNICO calibre, achieving equivalent precision.

    The Art of Exact Timekeeping
    The central mechanism of a mechanized watch involves the spring, which supplies energy as it unwinds. This mechanism, however, can be vulnerable to external factors that may influence its precision. COSC-accredited movements undergo strict testing—over 15 days in various circumstances (5 positions, 3 temperatures)—to ensure their durability and reliability. The tests assess:

    Average daily rate precision between -4 and +6 secs.
    Mean variation, highest variation levels, and effects of temperature changes.
    Why COSC Certification Matters
    For timepiece aficionados and connoisseurs, a COSC-validated watch isn’t just a item of technology but a demonstration to lasting quality and precision. It represents a timepiece that:

    Offers outstanding reliability and accuracy.
    Offers confidence of superiority across the whole design of the timepiece.
    Is apt to maintain its worth more effectively, making it a smart choice.
    Famous Chronometer Manufacturers
    Several famous brands prioritize COSC validation for their timepieces, including Rolex, Omega, Breitling, and Longines, among others. Longines, for instance, provides collections like the Archive and Soul, which feature COSC-accredited mechanisms equipped with advanced substances like silicone equilibrium suspensions to improve durability and efficiency.

    Historical Background and the Evolution of Timepieces
    The notion of the timepiece originates back to the need for exact chronometry for navigational at sea, emphasized by John Harrison’s work in the eighteenth century. Since the formal establishment of Controle Officiel Suisse des Chronometres in 1973, the validation has become a yardstick for assessing the accuracy of luxury watches, maintaining a legacy of excellence in horology.

    Conclusion
    Owning a COSC-certified watch is more than an aesthetic choice; it’s a dedication to quality and precision. For those appreciating precision above all, the COSC validation provides tranquility of thoughts, ensuring that each certified watch will perform dependably under various circumstances. Whether for individual contentment or as an investment decision, COSC-certified timepieces stand out in the world of watchmaking, bearing on a tradition of precise chronometry.

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