Can my neighbor cut down trees that overhang onto my property?
April 25, 2023 | 50,00 EUR | answered by Paul Heuser
Dear Sir or Madam,
I am writing to you because I have a question regarding property law. In my garden, there are several trees whose branches extend onto the property of my neighbor, Mr. Meier. Now Mr. Meier wants to cut down the trees because he claims they are causing shade and leaves in his garden. I am concerned because the trees are very important to me and I do not want them to be simply cut down.
I have already spoken to Mr. Meier, but he insists that the trees are on my property and therefore his belongings. However, I am not sure if this is really the case. Can Mr. Meier simply cut down the trees without obtaining my consent? Are there any legal regulations that apply in this case?
My concern is that if the trees are cut down, not only will the appearance of my garden be affected, but also the environment. The trees provide habitat for birds and insects and contribute to air purification. Are there any ways I can prevent the trees from being cut down?
I would be very grateful if you could assist me with this matter. I would like to know what rights I have as the owner of the trees and if there are any legal steps I can take to protect the trees.
Yours sincerely,
Ralf Müller
Dear Mr. Müller,
Thank you for your inquiry regarding the property law concerning the trees in your garden that are encroaching on your neighbor Mr. Meier's property. It is understandable that you are concerned about your trees and do not want them to be simply cut down.
Firstly, I would like to clarify that the trees on your property are also your own property. This means that Mr. Meier cannot simply cut down the trees without obtaining your consent. In property law, there are legal provisions that regulate the relationship between neighbors and also protect ownership rights of trees and other plants.
In your case, Mr. Meier may try to claim a "right of overhang" due to shading or leaf fall. This states that a property owner has the right to remove overhanging branches or roots of a neighbor if they are affecting his property. However, this must be done within reason and prior notification to the neighbor is usually required.
Since you have a special interest in the trees and they also have ecological value for the environment, you could argue that cutting down the trees would be disproportionate. You could also suggest alternatives to Mr. Meier, such as pruning the branches to minimize the impact.
If Mr. Meier still cuts down the trees without your consent, you could take legal action to protect your property. You could apply for an injunction to temporarily stop the cutting down of the trees, or claim damages if the trees are cut down without your permission.
I recommend that you consult a specialized lawyer in property law in this case, who can advise you comprehensively and represent your interests. If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Paul Heuser
