My neighbor has a tree that hangs over onto my property, what can I do about it?
June 29, 2024 | 50,00 EUR | answered by Oliver Ratzberg
Dear lawyer,
I am writing to you with a question regarding neighborhood law. My neighbor has a tree in his garden that extends onto my property. This has led to various problems that are increasingly burdening me.
The situation is as follows: My neighbor's tree is located near the border between our properties. Over time, it has grown in such a way that branches and twigs hang over onto my property. This not only results in my property being in the shadow of the tree, but also in leaves, branches, and fruits landing on my property. This creates additional work for me as I have to regularly remove the leaves and branches.
The current situation is unsatisfactory for me as I feel that my neighbor's tree is affecting my quality of life. Additionally, I am concerned about potential damage to my property that could be caused by the tree.
My question to you as a lawyer specializing in neighborhood law is: What can I do about my neighbor's tree that extends onto my property? Are there any legal steps I can take to resolve the issue? What options do I have to reach an agreement with my neighbor?
Thank you in advance for your help and advice on this matter.
Sincerely,
Norbert Höfer
Dear Mr. Höfer,
Thank you for your inquiry regarding the neighbor law issue concerning the tree of your neighbor that overhangs onto your property. This situation can indeed lead to unpleasant problems and affect your quality of life. I would like to provide you with some information and advice on this matter.
First of all, it is important to know that neighbor law in Germany is regulated in the Civil Code (BGB). There are regulations regarding the overhang of plants onto neighboring property. According to § 910 BGB, the owner of the tree has the right to remove overhanging branches and twigs themselves. This means that you generally have the right to ask your neighbor to remove the overhanging branches and twigs.
If your neighbor does not comply with this request, you can, for example, file an injunction in court to enforce your right to undisturbed use of your property. Such a lawsuit can lead to your neighbor being obliged to remove the overhang. Additionally, you may be able to claim damages if the tree of your neighbor actually causes damage to your property.
However, it is advisable to first have a conversation with your neighbor and find a mutually agreeable solution. Perhaps they are not even aware of the issue and are willing to trim the tree. A peaceful agreement is often the best way to resolve conflicts and not strain the neighborly relationship.
If you have any further questions or need legal advice, I am at your disposal. I hope that I could assist you with this information and wish you success in resolving this problem.
Sincerely,
Oliver Ratzberg
Lawyer specializing in neighbor law
