Can my neighbor trim his trees in a way that they hang over onto my property?
July 17, 2023 | 50,00 EUR | answered by Oliver Ratzberg
Dear lawyer,
I am reaching out to you with a question regarding neighborhood law. My neighbor has recently started trimming his trees along the property line. He has cut back the branches so far that they now overhang onto my property. This not only causes visual impairment, but also problems with falling leaves and branches.
I am concerned that the overhanging branches could cause damage to my property and wonder if my neighbor has the right to trim his trees so far back that they overhang onto my property. Can he intervene without my permission and what legal options do I have to solve this problem?
I would like to find a solution that takes into account both my interests and those of my neighbor without immediately leading to a legal dispute. For example, is there the possibility of mediation or are there specific regulations in neighborhood law that could apply in this case?
I thank you in advance for your help and advice on this matter.
Sincerely,
Lilli Reimann
Dear Mrs. Reimann,
Thank you for your inquiry regarding neighborhood laws and the issue with your neighbor's overhanging branches. In your case, according to neighborhood laws, every property owner has the right to remove overhanging branches of their neighbor on their property. This is to prevent damage to their own property.
However, your neighbor must ensure that they do not take disproportionate measures that would excessively infringe on your rights. If the trees have been pruned back so much that they now extend onto your property and could cause damage, this could be considered disproportionate.
In such a case, as the affected neighbor, you have various legal options to solve the problem. You could first try to have a conversation with your neighbor and attempt to find a mutually acceptable solution. You could suggest that your neighbor trims the overhanging branches properly to prevent damage.
If an agreement cannot be reached in this way, you could also involve a lawyer to represent your interests. For example, the lawyer could send a cease and desist letter to your neighbor and work towards the removal of the overhanging branches.
Furthermore, there is the option of mediation, where a neutral third party mediates and tries to achieve an out-of-court settlement between you and your neighbor. This is often a good way to peacefully resolve disputes in neighborhood laws and avoid a lengthy legal battle.
I hope this information helps you and that you can find a satisfactory solution for both parties. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Oliver Ratzberg
