Dismissal of the owner's request of a plot used as a road to have the overhanging branches of neighbouring trees cut

Facts

X. is the owner of a plot used as a road (plot no. 1) located between the properties of Y. (plots no. 2 and 3). Y.'s trees overhang X.'s plot and drop their leaves on the road, which according to X. creates a hazard. X. has therefore filed an action for nuisance abatement and subsidiarily a request for Y. to be ordered to cut the overhanging branches. The cantonal authorities have dismissed X.'s request, considering that the leaf fall did not constitute excessive immission within the meaning of Art. 684 CC and that X. could not act on the basis of Art. 641(2) CC either without demonstrating significant damage to its property.

Considerations

The Federal Tribunal dismisses X.'s appeal. Indeed, according to the findings of the cantonal authorities, the fall of leaves on this residential neighbourhood road without through traffic, although it may make it slippery, does not constitute excessive immission within the meaning of Art. 684 CC. Similarly, in order to act on the basis of Art. 641(2) CC against the overhanging branches, X. had to demonstrate significant damage to its property, which it did not do. The Federal Tribunal considers that the legal remedies available to the neighbour, either…