When trees become a bone of contention
It sounds harmless: a fruit tree, an elder tree, maybe a yew tree. But when these plants suddenly tower over the garden fence or shoot meters into the sky, the green idyll is over. This is exactly what happened in a recent neighbor dispute that ended up before the Higher Regional Court. The question: How high can trees actually grow? And at what point can or must you reach for the shears?
At the center: a plot of land on a slope, a wire mesh fence - and lots of plants that tower over it. The parties: Two neighbors who disagree on where roots and branches are allowed to end. And: a court that provides clarity.
What applies: 1.80 meters or 4 meters?
The defendants wanted clear conditions - and demanded that several trees be trimmed to 1.80 meters or 4 meters. The problem: some of these trees were too close to the boundary, others were already far too old to be "removed". After ten years, many claims under neighboring law become time-barred - even if the tree is too close to the property boundary.
The regional court took a pragmatic view of the matter. It ordered that some trees could be cut back to 4 meters - but no further. A radical cut to 1.80 meters? Not allowed. Pruning was completely rejected for two yew trees - too old, grown too long, too late.
Where do you measure - above or below?
The question of where the measurements were actually taken from was also exciting. After all, the properties were on a slope. The defendants wanted to calculate the height from the lower ground of their property - in the hope of achieving a greater cutback.
However, the court ruled clearly: the decisive factor is the point at which the plant emerges from the ground, i.e. where it grows - not the neighbor's level. The difference in height in the terrain is irrelevant.
Statute of limitations beats pruning
Even if a tree violates the legal boundary distances, this does not automatically mean that it may be cut back. This is because many of these claims expire after ten years. This was also the case with the yew trees: Although they were too close to the boundary, they had been there for too long. Pruning or even removal? No longer possible.
More clarity for everyone - but no free ride for hedge trimmers!
If you are annoyed by your neighbor's tree or hedge, you shouldn't wait too long to assert your rights. Ten years is often the end of the story. On the other hand, ownership is an obligation - and that includes regularly reaching for the shears before nature grows over the fence.
Honestly, it is high time that neighbouring rights in Germany were standardized and modernized. What is allowed in one federal state may be a no-go in the next. And if you live on a hill, you're obviously in a bad position if your neighbor measures from the valley. Our suggestion: less legalese, more common sense - and a little more garden peace, please.
Do you have problems with trees that are too high or too close to the fence? Book a consultation now and create clear conditions!
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