The Content Of The Article:
As a rule, you can not succeed in countering the shadows cast by the neighboring property provided the legal requirements have been met. It does not matter if the shadow comes from a tree, a garage at the garden border or a residential building. It does not matter whether you want to defend yourself as a landowner or as a tenant. The shadows cast by higher plants in a residential area with gardens and trees are generally considered to be local.
The courts argue in this way: Who lives in the countryside and thus has the advantage of a beautiful living environment, must generally accept as a downside also any disadvantages caused by shadows and leaves. In principle, a tree only has to be disposed of if it has been planted close to the border, contrary to the provisions of the neighboring federal states. But beware: As a rule, the elimination claim is five years after the planting date. Even if the previously undeveloped neighboring property is cultivated and this results in shadows, you have to live with it if the building is done in a permissible manner.
Judgments about shadows cast by trees
- You do not have to cut back a tree that grows in sufficient distance, just because the neighbor feels disturbed by the shadow (OLG Hamm Az.: 5 U 67/98)
- Overhanging branches may not be cut off by the neighbor, if nothing essential changes in the shadow cast (OLG Oldenburg, 4 U 89/89)
- The tenant of a ground floor apartment can not reduce the rent because of shadows cast by tree growth (LG Hamburg, 307 S 130/98)
- An ornamental garden, which is newly created, must take into account the existing overhang and its shadow (OLG Cologne, 11 U 6/96)
- Shade cast by neighboring trees must be taken by garden owners as "natural" (LG Nürnberg, 13 S 10117/99)
Observe tree protection regulations
The tree protection regulations of some communities prohibit the cutting or pruning of trees or shrubs from a certain size and a certain age
With the purchase of a property, a buyer becomes the owner of the plants and trees that grow on it. But that does not mean that the owner can do what he wants with the trees. Of course, the Prussian Chaussee order of 1803, according to which a tree-shaker was chained to a wheelbarrow for public street work, is of course no longer valid and forced labor has been replaced by - sometimes extremely high - fines. Be sure to check with your local community for the regulations of the local tree protection ordinance if you want to cut down a tree on your property. If the tree is protected, you must apply for an exemption. For example, this permission is given when the tree is sick and threatens to topple over in the next storm.