Can my neighbor cut down trees that mark our property boundary without my consent?
June 1, 2024 | 40,00 EUR | answered by Oliver Ratzberg
Dear lawyer,
I hope you can help me with my concern. My name is Adele Endres and I am reaching out to you because I am unsure how to handle the following situation.
My neighbor recently announced his intention to cut down some trees along our property line and has marked them. These trees have been there for many years and not only serve as a visual boundary, but also as a wind and privacy barrier for our property.
I am concerned that cutting down the trees could not only affect the visual and ecological quality of our property, but also potentially jeopardize our privacy and security. Additionally, I am wondering if my neighbor has the right to cut down these trees without my consent, as they also serve as a boundary marker.
Therefore, my question to you is: Can my neighbor cut down trees that mark our property line without my consent? What legal options do I have to prevent or at least influence the cutting down of the trees? Is there a possibility to find a mutually acceptable solution with my neighbor?
Thank you in advance for your assistance and I am available for further information.
Sincerely,
Adele Endres
Dear Mrs. Endres,
Thank you for your inquiry regarding the planned tree felling along your property boundary. I understand your concerns and will do my best to assist you in this matter.
It is important to know that in Germany, neighborhood law is regulated by the Neighbor Law Act. According to this law, trees that serve as a boundary marker and are located on the property boundary cannot be felled without the consent of the respective neighbor. This also applies to trees that serve as windbreaks or visual barriers.
If your neighbor fells the trees without your consent, they are acting unlawfully and you have the right to take action against it. You can first try to have a conversation with your neighbor and attempt to find a mutually agreeable solution. Perhaps an alternative solution can be found that is acceptable to both parties, such as trimming the trees instead of completely felling them.
If a mutually agreeable solution is not possible, you can take legal steps to prevent the tree felling. You can engage a lawyer to represent your interests in court. It is possible to apply for an injunction to temporarily stop the felling of the trees until the court has made a decision on the case.
It is important that you gather all documents and evidence that support your position, such as photos of the trees, correspondence with your neighbor, and witness statements. The more evidence you have, the better you can defend your position in court.
I hope this information helps you and supports you in your situation. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Oliver Ratzberg
Attorney specializing in neighborhood law
