Who is liable if my property is damaged by tree roots from my neighbor's property?
April 10, 2023 | 40,00 EUR | answered by Paul Heuser
Dear Sir/Madam Attorney,
My name is Wanda Hirschfeld and I am contacting you with a question regarding property law. There is a large tree on my property, and its roots are slowly but surely growing towards my neighbor's property. Unfortunately, I have noticed that the tree roots have already started to penetrate the ground and are causing damage to my neighbor's property boundary.
I am concerned about who would be liable in the event of further damage caused by the tree roots. My neighbor has already pointed out that as the owner of the tree, I am responsible and would have to cover the damages. However, I am not sure if this is indeed the case and if my neighbor also shares some responsibility, as the roots originate from his property.
I would like to know from you what the legal regulations are in such a case and who ultimately can be held liable for the damages. Are there possible solutions to prevent an escalation between me and my neighbor? I would like to clarify in advance how such a situation is legally evaluated and what steps I should take to resolve the matter if necessary.
I look forward to your professional assessment and thank you in advance for your support.
Sincerely,
Wanda Hirschfeld
Dear Mrs. Hirschfeld,
Thank you for your inquiry regarding the neighborhood law concerning the tree roots causing damage to your neighbor's property boundary. In the following, I will try to answer your questions as comprehensively as possible.
In German neighborhood law, the principle applies that every property owner is responsible for the damages caused by their property. This means that as the owner of the tree, you are obligated to fix the damages and possibly compensate your neighbor. This is stated in § 1004 of the Civil Code, which requires a property owner to ensure that their property does not unjustly affect neighboring properties.
However, in your case, there is a special circumstance to consider: the roots of the tree are growing from your property towards your neighbor's. This raises the question of whether your neighbor also shares responsibility, as the roots originate from their property, indicating a joint impact.
In such cases, it may be advisable to first have a discussion with your neighbor and find a mutually agreeable solution. Possible actions could include jointly hiring an expert to determine the exact cause and extent of the damages. Based on this expert opinion, you can then decide together how to address the damages and allocate the costs.
If no agreement can be reached with your neighbor, you have the option to take legal action. In this case, it is recommended to seek advice from an experienced attorney specializing in neighborhood law, who can provide professional guidance and potentially file a lawsuit against your neighbor.
Lastly, I would like to emphasize that in cases like these, it is always wise to seek an early resolution to avoid escalation between neighbors and the costs of legal disputes.
I hope that this information has been helpful to you and I am available to answer any further questions you may have.
Sincerely,
Paul Heuser
Attorney
