My neighbor wants to cut down a tree that appears to be growing on my property. Do I have to allow this?
April 7, 2023 | 50,00 EUR | answered by Nina König
Dear lawyer,
I am contacting you with a question regarding property law. My neighbor intends to fell a tree on his property, which seems to be growing over the border and therefore also affecting a part of my property. I am concerned because the tree provides an important privacy screen and I fear that its removal could impact my personal life.
The current situation is as follows: The tree is located on my neighbor's property, but some branches extend over the border and onto my property. I have already spoken to my neighbor and expressed my concerns, but he insists on wanting to fell the tree. I am now wondering if as a neighbor, I am obligated to tolerate the felling of the tree, even though it also affects my property.
I would like to know what legal options are available to me in this situation. Are there any laws or rulings that could help me maintain my privacy screen in this case? Can I take legal action if my neighbor goes ahead and fells the tree despite my concerns? I would greatly appreciate it if you could provide me with legal advice on this matter to protect my interests.
Thank you in advance for your assistance.
Sincerely,
Georg Becker
Dear Mr. Becker,
Thank you for your inquiry regarding neighborhood law. It is understandable that you are concerned about the planned felling of the tree on your neighbor's property, which also affects parts of your own property. In such a situation, it is important to be aware of the legal framework in order to adequately represent your interests.
In general, every property owner has the right to dispose of trees on their property. However, this right also includes the obligation to ensure that no disturbances arise on neighboring properties. In your case, where branches of the tree extend over the border, the so-called "overhang regulation" applies.
According to this regulation, as a neighbor, you are allowed to independently cut off branches that extend over the border, provided that the tree is not damaged in the process. This is done to avoid disturbances on your property. However, before cutting off the branches, you should definitely consult with your neighbor and inform them of your intentions.
If your neighbor goes ahead and fells the tree despite your concerns, you may potentially take legal action against it. In this case, you should consult with a lawyer specializing in neighborhood law to assess your rights and options in this situation. There are court rulings that determine that the neighbor cannot fell the tree without considering your interests, especially if the tree provides important visual protection.
In any case, it is advisable to first seek a conversation with your neighbor and find a mutually agreeable solution. If this is not possible, you can seek legal assistance to assert your rights. Remember that neighborhood law is intended to ensure harmonious coexistence between neighbors and to avoid conflicts.
I hope this information is helpful to you and I am available for further questions.
Sincerely,
Nina König
Attorney specializing in neighborhood law
