Can I force my neighbor to cut back overhanging branches?
August 4, 2022 | 40,00 EUR | answered by Simon Büchner
Dear Civil Law Attorney,
I am reaching out to you with a question regarding an issue I am having with my neighbor. In my garden, there are some trees with branches that extend over my neighbor's property. These overhanging branches are causing me increasing problems, as they obstruct my view, cast shadows on my property, and even interfere with my satellite dish.
I have tried to talk to my neighbor several times and politely ask him to trim the branches. Unfortunately, he shows no signs of cooperation and refuses to take any action. I feel that my rights as a property owner are being infringed upon, and I am wondering if I can take legal action against my neighbor to force him to trim the overhanging branches.
I am concerned that the situation could escalate, and I would like to know if there are legal options available to compel my neighbor to respect my interests. Are there laws or regulations that support me in this case and allow me to enforce my right to undisturbed possession of my property?
I would greatly appreciate it if you could provide me with information on how to proceed in this matter and what steps I can take to find a solution. Thank you in advance for your assistance.
Sincerely,
Benjamin Hausdorf
Dear Mr. Hausdorf,
Thank you for your inquiry regarding the issue with your neighbor's overhanging branches. Indeed, conflicts between neighbors can arise in such cases when the boundaries of one's property are affected by protruding branches or roots.
In Germany, the neighbor law regulates such disputes and provides property owners with certain rights to address these issues. According to § 910 of the Civil Code (BGB), as the owner, you have the right to request your neighbor to remove overhanging branches. Your neighbor is obliged to remove these branches in order to not hinder your use of your property.
If your neighbor refuses to trim the branches, you have the option to apply for an injunction at the competent court. With this injunction, you can enforce that your neighbor promptly removes the overhanging branches. Failure to comply with this injunction may result in fines or even the trimming being carried out by a third party at your neighbor's expense.
It is important that you communicate your request for trimming the overhanging branches in writing to your neighbor and set a reasonable deadline for compliance. If he remains inactive, I recommend seeking assistance from a lawyer or the local mediation center to initiate further legal steps.
In any case, it is advisable to first seek dialogue with your neighbor and clarify the legal consequences of his actions. A rational and respectful communication can often help resolve conflicts before they escalate to court.
I hope this information is helpful to you and wish you success in asserting your rights in this matter.
Sincerely,
Simon Büchner
Lawyer
