Can my neighbor let his trees grow on my property?
February 10, 2023 | 40,00 EUR | answered by Hans Krüger
Dear lawyer,
I am reaching out to you because I have an urgent question regarding my neighbor and his trees. For some time now, I have noticed that my neighbor's trees are growing further onto my property. This concerns me as the branches are already extending beyond my fence, and I fear they could cause damage to my property.
I have tried to speak with my neighbor about this issue, but he shows no willingness to trim or remove the trees. I am wondering if my neighbor has the right to let his trees grow onto my property and what I can do about it.
I am concerned about potential damage to my fence, house, and garden that could be caused by the overhanging branches. I want to avoid escalating the situation with my neighbor, but at the same time, I also want to protect my property.
Can you please provide information on whether my neighbor has the right to let his trees grow onto my property and what legal steps I can take to resolve the issue? I would greatly appreciate your professional advice on this matter.
Sincerely,
Thomas Siebert
Dear Mr. Siebert,
Thank you for your inquiry regarding the overhanging trees of your neighbor onto your property. The issue of neighborhood disputes related to trees is indeed a common problem that affects many people. In your situation, it is understandable that you are concerned about potential damage to your property and are seeking a solution to the problem.
In Germany, the Neighbor Law regulates the rights and obligations of neighbors. According to § 910 of the German Civil Code (BGB), every property owner has the right to remove overhanging branches or roots of their neighbor's trees on their property. This means that your neighbor does not have the right to leave his trees in a way that they grow onto your property and cause damage.
If your neighbor is not willing to remove the overhanging branches despite your request, as the affected neighbor, you have the right to demand it from him. You can ask him in writing to trim back or remove the trees and set a reasonable deadline for compliance. If your neighbor fails to comply with this request, you can take legal action.
I recommend that you first attempt to have a conversation with your neighbor again and make him aware of the legal consequences of his actions. If this does not bring a resolution, you can involve a lawyer to assist you in enforcing your rights. In such a case, an injunction or a lawsuit to remove the overhanging branches can be filed.
It is important to document all steps taken in writing and gather evidence of the damage to your property. Photos of the overhanging branches and the damage to your property can be helpful in this process. Additionally, you should also check if there are local tree trimming regulations that regulate the maximum height of trees.
I hope that this information is helpful to you in finding a solution to your problem. If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Hans Krüger
Lawyer
