Can I sue my neighbor because their tree is obstructing my view?
January 17, 2024 | 40,00 EUR | answered by Gerda Dietrich
Dear Lawyers,
I am contacting you with a question regarding a possible legal dispute with my neighbor. My name is Konrad Müller, and I have been living in my house for many years, which offers a beautiful view of the surrounding countryside. Some time ago, my neighbor planted a tree on his property, which has since grown so large that it significantly obstructs my view. As a result, I am no longer able to fully enjoy the nature as I could before.
I have already tried to talk to my neighbor about this issue, but he was not willing to cut down the tree or at least trim it. I am concerned that my quality of life could further deteriorate due to this obstruction and I am wondering if I can take legal action against my neighbor. Is it possible to sue my neighbor to find a solution to this problem?
I would like to know if there is a legal basis to compel my neighbor to remove the tree or at least trim it to restore my view. Are there any legal provisions that could support me in this situation? What steps would I need to take to legally pursue my neighbor and what possible consequences could this have for me?
I hope you can assist me in this matter and provide me with possible solutions. Thank you in advance for your support.
Sincerely,
Konrad Müller
Dear Mr. Müller,
Thank you for your inquiry regarding the legal dispute with your neighbor concerning the tree that is obstructing your view. I am sorry to hear that you have already tried to speak with your neighbor but could not reach an agreement. In such cases, it is important to inform yourself about your legal options and potentially take legal action.
In Germany, there are legal regulations that govern neighbor law and could assist you in your situation. Neighbor law is regulated in the Civil Code (BGB) and includes provisions for mutual consideration and protection against disturbances by neighbors. In particular, § 906 BGB is relevant, which states that every property owner has the right to plant trees on their property. However, they must not cause unreasonable disturbances to their neighbors.
In your case, your neighbor's tree could be considered an unreasonable disturbance to your view. Therefore, you could take legal action against your neighbor and request them to remove the tree or at least trim it to restore your view. If your neighbor does not comply with this request, you could file a lawsuit and enforce the removal or trimming of the tree through the court.
To take legal action against your neighbor, you should first try to reach an out-of-court agreement. If this is not possible, you could involve a lawyer to support you in this process. Your lawyer could send a formal warning to your neighbor and request the removal of the tree. If this also does not bring a solution, you could file a lawsuit in court.
The possible consequences for you depend on the outcome of the process. If the court grants your claim, your neighbor could be required to remove or trim the tree. Otherwise, you may have to bear the costs of the proceedings.
I recommend you to consult with a lawyer to discuss your legal options in this matter and find a tailored solution. I hope this information helps you and wish you success in resolving your issue.
Sincerely,
Gerda Dietrich, Lawyer
