Who is liable if the roots of my tree damage my neighbor's garden fence?
November 24, 2022 | 50,00 EUR | answered by Paul Heuser
Dear lawyer,
My name is Hilde Busse and I am reaching out to you with a question regarding property law. In my garden, I have a large tree whose roots have now reached my neighbor's garden fence. Due to the roots, the fence is now damaged and at risk of collapsing.
I am concerned about who is responsible for the repair or replacement of the fence. My neighbor believes that as the owner of the tree, I am responsible for the damage and should bear the costs. However, I believe that this is a natural process for which I cannot be held liable.
I would like to know what the legal situation is in such a case. Who is liable if my tree's roots damage my neighbor's garden fence? Are there possible solutions for us to come to an agreement without resorting to a dispute or even a legal process?
I would greatly appreciate your assessment and any advice you may have to help resolve this situation constructively.
Sincerely,
Hilde Busse
Dear Mrs. Busse,
Thank you for your question regarding neighborhood law concerning the damage to your neighbor's garden fence caused by the roots of your tree. In such cases, it is important to clarify the legal situation in order to find a constructive solution that is fair to both parties.
In German neighborhood law, the principle applies that each owner is responsible for their property and the plants and trees on it. This means that as the owner of the tree, you are generally liable for any damages caused by the roots. Your neighbor has the right to demand that you remedy the damaging condition and may claim damages if necessary.
However, there are exceptions and special circumstances to consider. For example, your neighbor may not simply demand that you replace the fence, but may first be required to notify you of the damaging condition and set a deadline for its removal. Only if you do not comply with this request can he claim damages.
It is important for you and your neighbor to try to reach an agreement to avoid a dispute or even a court case. Possible solutions could include agreeing on repairing the fence or securing the roots together. Your neighbor contributing financially to the costs could also be a way to find a fair solution.
I recommend that you talk to your neighbor and work together to find a solution that is acceptable to both parties. If no agreement can be reached, it is advisable to seek a mediator or lawyer to reach an out-of-court settlement.
I hope that this information has been helpful to you and I am available for further questions.
Sincerely,
Paul Heuser
Lawyer
