Short answer. Yes, if the trees were planted closer than the law allows. Article 679 of the Civil Code sets minimum distances — at least two meters for tall trees and at least fifty centimeters for shrubs or small trees from the dividing line — and gives every landowner the right to demand uprooting if those distances are violated.
What the law says
No trees shall be planted near a tenement or piece of land belonging to another except at the distance authorized by the ordinances or customs of the place, and, in the absence thereof, at a distance of at least two meters from the dividing line of the estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or small trees are planted. Every landowner shall have the right to demand that trees hereafter planted at a shorter distance from his land or tenement be uprooted.
Civil Code, Article 679 — Distances For Planting Trees. Read the full provision →
The required distances
Article 679 sets out the minimum planting distances from a property boundary. Tall trees must be planted at least two meters from the dividing line between estates. Shrubs or small trees must be at least fifty centimeters away. These are default minimums — local ordinances or established customs of the place may require greater distances, and if so, those higher requirements apply instead. The Civil Code distances kick in only 'in the absence' of applicable ordinances or customs.
The right to demand uprooting
If a neighbor plants trees at a shorter distance than the law or local ordinance allows, Article 679 gives you the right to demand that those trees be uprooted. The key limitation is temporal: the article speaks of trees hereafter planted — that is, trees planted after the law became effective. Trees that have been standing for many years before you raise the issue may be protected by prescription or tolerance, depending on the circumstances. New plantings, or replanting of previously removed trees, are clearly covered.
Spontaneously grown trees are included
Article 679 also extends to trees that have grown spontaneously — not just those deliberately planted. A tree that seeded itself and grew up too close to your boundary falls under the same rule. Your neighbor cannot avoid the obligation by pointing out that they never planted the tree themselves. If it is within the prohibited distance, the right to demand its removal applies regardless of how it got there.
How to assert the right
Begin by measuring the distance from the base of the tree to your property boundary accurately — have a surveyor do this if there is any dispute about the boundary line itself. Then make a written demand to your neighbor to remove the tree, citing Article 679 and the specific distance violation. Give a reasonable time frame. If the neighbor refuses, you may file a court action to compel removal. Document the tree's location, the measurements, and all communications with the neighbor to support your case. Do not cut or damage the tree yourself before a court order is obtained — that could expose you to liability.