A resident of the Calvados department in northern France, named Didier, has been told he can seek compensation after his neighbour's use of a herbicide allegedly killed the plants in his garden. Didier put his question to "Le 13H à vos côtés," the consumer affairs segment on the French television channel TF1, which fields everyday legal problems from viewers.
Didier said his neighbour had weeded a section of garden in order to plant along the boundary between the two properties, but that the work spilled well over onto his own land. He said the neighbour used a powerful herbicide and sprayed the fence heavily, and that his own plants subsequently died on his side.
What the law says about pesticides
Valentin Dépret, answering on the programme presented by Marie-Sophie Lacarrau, said the regulation on the matter is clear. Since 2019, private individuals in France have been banned from buying or using most synthetic plant protection products, including chemical herbicides. Only low-risk products are permitted, such as those approved for organic farming or those carrying the label "authorised for use in gardens."
The rules change if the neighbour in question is a farmer, Dépret said. Farmers are allowed to use pesticides, but only if they respect minimum distances from neighbouring homes. For the most hazardous products, those containing substances classed as being of concern, at least 20 metres must separate the treated area from any dwelling.
For other pesticides, the required distance depends on the type of crop. Growers of tall crops, such as tree or vine growers, must keep a minimum of 10 metres between the treated zone and homes. For other, low-growing crops such as cereals, the minimum distance is 5 metres.
In Didier's case, Dépret noted, the neighbour is not a farmer, meaning he had no legal right to use these products at all.
Proving the damage
The difficulty for Didier, according to Dépret, is that the harm has already been done. If the neighbour refuses to pay compensation voluntarily, Didier will need to prove he suffered a loss, in this case the death of his flowers. Useful evidence includes photographs, a formal record drawn up by a bailiff known in France as a commissaire de justice, a gardener's quote for restoring the land, and the cost of the seeds needed to replant.
Didier also needs to establish a causal link between the spraying of the product and the destruction of his plants. Dépret said the best way to do this is through an expert assessment, which can sometimes be covered by legal protection insurance if the homeowner holds a policy. Such an assessment allows the soil to be analysed to determine what killed the plants.
Taking the dispute further
Armed with this evidence, Dépret said Didier should send the neighbour a formal notice by registered letter, seeking help from a court-appointed conciliator if needed to reach an agreement.
If that fails, Emma Leoty, a lawyer at the Paris bar, said the case could be brought before France's civil court, the tribunal judiciaire, on the grounds of what French law calls an abnormal neighbourhood disturbance, a category that covers chemical nuisances and pollution between neighbours. Leoty said Didier could seek to have his garden restored, obtain damages, and require his neighbour to stop using the product in question.
