Tree on the border - Lower Saxony
February 13, 2011 | 35,00 EUR | answered by Bernhard Müller
Directly at the property line stands a birch tree approximately 10 meters high. In our garden, we constantly have broken branches, leaves, and birch seeds in the summer. Furthermore, the neighbor has a compost heap directly at the property line and old windows are collected there. We have a living hedge and more and more of our cypress trees are dying. Last year, a landscaper explained to us that this is due to the birch tree - it takes away the water from the cypress trees.
Can we demand from the neighbor:
1) to remove or at least trim back the birch tree - the branches hang approximately 2-3 meters into our garden
2) to relocate the compost heap and remove the garbage dump.
Dear questioner,
At this size, the birch tree must maintain a distance of 3 meters from the property line according to § 50 NNachbG. This distance is measured to the center of the tree according to § 51 NNachbG.
You would need to measure this distance. If it is less than 0.25m, you would generally have a right to removal according to § 53 I NNachbG.
However, with a height of approximately 10 meters, it can be assumed that the birch tree has been growing there for more than 5 years and has been taller than 1.2 meters for more than 5 years. Therefore, the right to request removal or trimming is likely excluded according to § 54 II NNachbG. You can only request that the birch tree is maintained at its current height through annual trimming. § 54 II 2 NNachbG. If branches grow over the property line onto your land, you can demand that these branches be cut off according to § 1004 BGB.
You do not have a right to have the compost heap and accumulation of old windows moved.
Sincerely,
Bernhard Müller, Attorney
