How can I enforce my rights as a neighbor?
February 9, 2024 | 40,00 EUR | answered by Nina Koch
Dear lawyer,
I am reaching out to you because I am having problems with my neighbor and do not know how to enforce my neighbor rights.
The situation is as follows: My neighbor has a large tree in his garden, whose branches reach onto my property. These branches regularly cause damage to my roof and my garden furniture. Despite multiple requests, my neighbor refuses to trim or remove the tree. I have also tried to find a solution with him, but he is stubborn and claims that the tree is on his property and therefore he does not have to take any action.
The current situation is extremely burdensome for me, as I constantly have to deal with the damage caused by the falling branches. Additionally, I feel unfairly treated by my neighbor and do not know how to enforce my rights in this situation.
I am worried because I do not know how to proceed and fear that the situation could escalate if my neighbor remains stubborn.
Therefore, I am asking you how I can best enforce my neighbor rights in this situation. Are there legal options to compel my neighbor to remove the tree or trim the branches? What steps should I take next to find a solution to this problem?
I appreciate your support and thank you in advance for your help.
Sincerely,
Alwin Weise
Dear Mr. Weise,
Thank you for your inquiry regarding your neighbor's rights and the problems you are having with your neighbor due to a tree in his garden. I am sorry to hear that you are facing this situation and feel unfairly treated by your neighbor.
In Germany, neighbor law regulates the relationships between neighbors and contains provisions regarding rights and obligations that arise from ownership of properties. The aim of neighbor law is to avoid or resolve conflicts between neighbors. In your case, where the overhanging branches of your neighbor's tree are causing damage to your property, you are entitled to assert your neighbor's rights.
According to § 910 of the German Civil Code (BGB), you have the right to request your neighbor to remove or shorten the overhanging branches if they are encroaching on your property and causing damage. Your neighbor is obliged to take these measures to eliminate the impairment of your property.
In your case, you have already tried several times to find a solution with your neighbor, but without success. In such cases, I recommend first seeking a personal conversation with your neighbor and explaining your rights under neighbor law to him. If your neighbor remains uncooperative, you can send him a formal written notice requesting him to remove the overhanging branches within a reasonable period of time.
If your neighbor still does not respond after receiving the written notice, you may consider taking legal action. In such a case, I recommend seeking advice from a lawyer who can assist you in enforcing your neighbor's rights. A lawyer can help you file an injunction or claim for damages with the appropriate court.
It is important to carefully document all communication with your neighbor and gather evidence of the damage caused by the overhanging branches. This will help you substantiate your claim for removal of the impairment or damages.
Finally, I advise you to remain patient and approach the problem in a professional manner. With the assistance of a lawyer, you can successfully enforce your neighbor's rights and find a solution to your problem.
I hope that my explanations will help you in handling your situation and I am available for any further questions.
Sincerely,
Nina Koch
