Facts
Spouses B. and D. are the owners of two villas constructed on neighbouring parcels of a steeply sloping terrain, adjacent to the property of spouses L. Along the boundary separating the parcels is a thicket of trees, shrubs, and bushes. The Court of First Instance of Geneva has ordered spouses L. to prune the plantations located less than two meters from the neighbouring properties. The Cantonal Court of Justice of Geneva has ordered the registration in the land register of the forfeiture of the rights of spouses B. and D. to demand a restriction on the height or distance of the plantations on the property of spouses L. Spouses B. and D. have filed a public law appeal against this decision.Considerations
The Federal Tribunal has ruled that Art. 688 CC contains a reservation within the meaning of Art. 5 CC, which authorizes the cantons not only to determine the distances that owners are required to observe for their plantations, but also to establish sanctions for the violation of the rules they set in this area. Consequently, the Geneva legislator has not violated the principle of the derogatory force of federal law…