Can my neighbor plant on my property without permission?
June 19, 2024 | 40,00 EUR | answered by Oliver Ratzberg
Dear lawyer,
I am reaching out to you with a question regarding property law. Recently, my neighbor has started planting on my property without asking for permission beforehand. I am concerned that this could lead to conflicts and wonder if he even has the right to do so.
Background information: My neighbor and I have a rather distant relationship. We have had minor disagreements in the past, but nothing that has led to major problems. A few weeks ago, I noticed that he had started planting on a small area of my property that borders his garden. When I approached him about it, he said he liked it and would take care of it.
The current situation is that the plants have already grown and are now on my property. I am unsure of what to do in this situation and if I can take legal action against it. My concern is that this incident could be the beginning of further unauthorized activities by my neighbor.
Therefore, my question to you is: Can my neighbor plant on my property without my permission? Are there legal steps I can take to prevent this or have the plants removed? I would like to find a solution that leads to a peaceful neighborhood, while also protecting my rights as a property owner.
Thank you in advance for your help and advice.
Sincerely,
Eiko Schäfer
Dear Mr. Schäfer,
Thank you for your inquiry regarding the neighborhood law concerning the plants that your neighbor has planted on your property without your permission. This situation can indeed lead to conflicts, and it is important that you are aware of your rights as a property owner and take legal steps if necessary to protect your property.
In Germany, the principle applies that every property owner can dispose of their property as they see fit. This includes the right to determine who may enter their property and what may happen on it. Therefore, if your neighbor plants plants on your property without your permission, they are generally acting unlawfully.
In your case, your neighbor may potentially have the right to use your property if it falls under a "boundary tree or hedge regulation." This regulation allows a neighbor to plant plants on their neighbor's property if they serve as a boundary between the properties and are located on the shared boundary. However, in this case, they must ask for permission beforehand and you must agree to this use.
If it is a unilateral appropriation of your property without affecting a boundary, you have the right to ask your neighbor to remove the plants. If they do not comply, you can take legal action, such as filing an injunction or a warning letter. It is important that you seek advice from a lawyer to enforce your claims properly.
To find a solution that leads to a peaceful neighborhood, I recommend initiating a conversation with your neighbor and expressing your concerns. Show them that you are willing to find a solution that is acceptable to both parties. If this does not lead to a resolution, it is advisable to seek professional legal assistance.
I hope this information helps you and I am available for further questions.
Best regards,
Oliver Ratzberg
Attorney specializing in neighborhood law
