Can my neighbor cut down trees on my property?
April 15, 2023 | 50,00 EUR | answered by Paul Heuser
Dear lawyer for neighborhood law,
My name is Friedhelm Wunderlich and I have a question regarding my neighbor and his activities on my property. A few days ago, I noticed that my neighbor has started cutting down trees on my property without informing me beforehand or asking for permission.
The trees are located on the border between our properties and were likely mistakenly considered by him as his own. The current situation is that some trees have already been cut down and I have serious concerns about whether he had the right to do so and if he will continue to cut down more trees.
My concerns are that the cutting down of the trees not only affects my privacy, but could also decrease the value of my property. Additionally, I fear that in the future he may make further interventions on my property without my consent.
Therefore, my question to you as a lawyer for neighborhood law is: Can my neighbor cut down trees on my property, even if they are on the border? What legal steps can I take to replace the trees that have already been cut down or prevent further interventions?
Thank you in advance for your help and support.
Sincerely,
Friedhelm Wunderlich
Dear Mr. Wunderlich,
Thank you for your inquiry regarding the activities of your neighbor on your property. It is understandable that you are concerned and worried about your property and privacy. Regarding the felling of trees on the boundary between your properties, there are certain legal regulations that need to be considered.
In general, trees standing on the boundary between two properties are considered common property. This means that both neighbors have equal rights and responsibilities regarding these trees. Therefore, the felling or trimming of these trees generally requires the consent of both neighbors.
However, in your case, it is evident that your neighbor has felled trees on your property without your permission. This constitutes an infringement on your property and is not legally permissible. Your neighbor should have asked for your permission before carrying out such actions on your property.
To replace the trees already felled or prevent further infringements, I recommend that you first communicate with your neighbor. Inform him of your concerns and remind him that he is not allowed to take any further actions on your property without your consent.
If an agreement with your neighbor is not possible or if he continues to violate your rights, you can initiate legal action. It may be advisable to seek the assistance of a lawyer to effectively represent your interests. For example, you could file an injunction against your neighbor or claim damages.
It is important that you defend your rights as a property owner and ensure that your neighbor does not make any further infringements on your property. I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Paul Heuser
Attorney-at-law specializing in neighborhood law
