Couple sue French commune for letting acorns fall on their roof
They claim the acorns caused damage totalling €6,000
The couple claimed that the acorns caused thousands of euros of damage (image for illustration only; not the couple's roof)
Beekeepx / Shutterstock
A couple has sued authorities in their Brittany commune - for letting acorns fall on their roof, which they say landed them with repair bills of €6,000.
The couple claim that the constant falling of acorns on the roof could have been avoided if the commune had fulfilled its duties of tree pruning.
The pair - one of whom is a former councillor for the opposition - said that the commune’s inaction had therefore cost them €6,000 of damage as the acorns had enabled damaging moss to grow and had broken tiles.
They wanted the authorities in Saint-Aubin-du-Cormier (Ille-et-Vilaine) to pay for these costs and admit that its ‘inaction’ had led to the problem.
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‘Very weak case’
However, in a ruling of May 23, 2024 - which has only just been made public - the tribunal administratif de Rennes (administrative court) disagreed with the plaintiffs.
The judge conceded that falling acorns, leaves and branches could cause damage. However, they did not establish ‘inaction’ on the part of the municipality, nor prove a link between the commune’s inaction and the roof damage.
The couple had been relying - as evidence - on a bailiff's report from 2016 and an expert report from 2017 to show that the commune had not kept up regular pruning on the trees. However, the commune was able to prove that it had pruned the area concerned in 2020.
The judge therefore considered that the case for any damage after this date was very weak.
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The judge also said that the owners of the house “could not have been unaware of the potential nuisance” caused by the proximity of oak trees to the property, as one of the trees is said to be almost 160 years old, and nothing has changed recently (in terms of the location of the property or trees).
“Under these conditions, the problems complained of by the applicants do not exceed the inconveniences that local residents of public works must normally bear, in the general interest,” the magistrates concluded.
The couple is now expected to reimburse the authorities of Saint-Aubin-du-Cormier for the legal costs it incurred (€1,500). They have until July 23 to appeal the decision if they wish.
