My neighbor has cut down a tree on my property, what legal steps can I take?
March 19, 2024 | 50,00 EUR | answered by Friedhelm Krebs
Dear lawyer,
I am contacting you because I urgently need your help in a legal matter. My neighbor, Mr. Müller, has cut down a tree on my property without my consent. I only noticed this recently when I inspected my property and did not find the tree anymore. I confronted my neighbor about this and he admitted to cutting down the tree without my permission.
I am very concerned about this, as the tree not only had sentimental value to me, but also added to the visual appeal of my property. Furthermore, I am afraid that more trees or plants on my property could be cut down without my knowledge. Therefore, I would like to take legal action against my neighbor to defend my right to my property and to receive compensation for the damage caused.
Could you please inform me of the legal steps I can take in this case? Which laws protect my property and how can I hold my neighbor accountable? Are there ways to compensate for the damage and possibly restore the tree? I would greatly appreciate your professional advice and support in this matter.
Thank you in advance.
Best regards,
Jürgen Eckstein
Dear Mr. Eckstein,
Thank you for your inquiry and your trust in my legal expertise. I am sorry to hear that you are facing an unpleasant situation with your neighbor, Mr. Müller. The unauthorized felling of a tree on your property is a clear violation of your property rights and cannot be tolerated.
In your case, German neighbor law, specifically the Civil Code (BGB), is applicable. According to § 910 para. 1 BGB, trees and bushes that are on the property boundary may not be felled without the consent of the respective owner. Since Mr. Müller acted without your permission, there is clearly a violation of this law.
To defend your rights and obtain appropriate compensation for the damage caused, I recommend that you first try to have a conversation with your neighbor and reach an out-of-court settlement. You could ask Mr. Müller to compensate for the damage and possibly restore the tree. If such an agreement is not possible, you have various legal options available to you.
One option would be to initiate civil proceedings in court. Here, you could claim damages and seek the restoration of the tree. Additionally, you could apply for an injunction to prevent further interference with your property.
It is important that you gather and document all relevant evidence, such as witness statements, photos of the felled tree, and any expert reports, to support your claims in court.
I am available to assist you in this process and help you enforce your rights. Please do not hesitate to contact me to arrange a consultation appointment.
Sincerely,
Friedhelm Krebs
Attorney at Law
