Just a year ago, the third civil chamber of the Court of Cassation issued a “founding” judgment for Benoît Hartenstein, the president of the Moselle association, the Voix des Arbres: we can now sell a property and tax the buyers conservation of the trees on the property. A word to the wise … On June 6, 2019, the highest court in the French judicial system indeed validated one of the clauses of a sale, concluded before a notary, under which the seller of a house located in the Pyrenees Orientales had imposed on its buyers, the maintenance and conservation of trees, in this case magnificent cypresses, found on the property.
–
Long procedure
The initial commitment not having been respected by the new owners, the latter have just been disowned by the courts, after several years of procedure: they will have to replant the trees, under financial constraints. “This is an important legal breach for the future protection of other trees. “Explains Benoît Hartenstein who has been fighting for years for the recognition of the rights of trees who believes that this is it” on the basis of this court decision, it is now possible to protect trees, during his lifetime, after himself, in case of sale of his land or in case of donation thereof. It should also be possible, by extension, to protect them by will expressed by will.
–
????????Introducing debates on tree rights at the conference @A_ARBRES @AssembleeNat @ValerieCabanes screening of “And everyone cares # 22 – Trees”. Replay ????https://t.co/a4nk5in2hh via @Youtube
– Delphine Batho (@delphinebatho) April 5, 2019
–
–
Jurisprudence
Of course, the question of “monitoring compliance with the commitment made by the new owner over the long term” remains open, “said the president of the Voix des arbres, himself a lawyer. A point on which the activist wants to be optimistic, however, because of “ongoing reflections on the valuation of trees which, if it succeeds, may tomorrow make them value factors for goods and encourage their protection, including legal.” The seller, in the case mentioned, led the way, already having recognized the legal validity of the tree conservation clause. This will set a precedent. “, Still congratulates the activist.
Information: http://www.lavoixdelarbre.com/
–
–
/cloudfront-eu-central-1.images.arcpublishing.com/madsack/BSDDKPNF4VDSZESPO3ZFBX6RFU.jpeg "Silent demos in Berlin, Hamburg, Frankfurt and many other cities")
