Birch growth
April 30, 2011 | 40,00 EUR | answered by Bernhard Müller
Dear Sir or Madam,
The following problem has arisen. On our neighboring property, there are several approximately 30-year-old birch trees. These are about 1.50 meters away from our property boundary (NRW). The height of these birch trees is approximately 15-20 meters. The branches of these trees now extend 5-6 meters into our property, blocking sunlight and causing the familiar mess. The main trunk of the largest birch tree crosses the property boundary at a height of approximately 10 meters. Can I request that this tree be pruned back?
Dear inquirer,
The Neighbor Law for North Rhine-Westphalia regulates a minimum distance of 2 m in § 41 I. This distance is measured from the middle of the trunk according to § 46.
Since the minimum distance was not maintained according to your description of the situation, you generally have a right to have the birch trees removed.
However, this right is excluded according to § 47, as no legal action for removal has been taken within 6 years since the planting. You mentioned that the birch trees are already 30 years old. This exclusion means that you must tolerate the trees. This likely also applies to those parts of the trees that grow over onto your property, especially since a length of 5 - 6 m does not grow "overnight", indicating that the trees have been growing on your property for some time.
Therefore, your question must be answered with a summary assessment of the situation described:
No
Sincerely,
Bernhard Müller
Attorney at Law
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