Quarrel over trees at the garden border


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For trees that are directly on the property boundary - so-called border trees - there are special legal regulations. The decisive factor is that the trunk is above the boundary line, the propagation of the roots is irrelevant. At a border tree the neighbors have co-ownership. Not only the fruits of the tree belong equally to both neighbors, but each neighbor can also demand that the tree be felled. The other one has to be asked for assent, but can seldom prevent it, as he would have to put forward valid reasons for doing so. However, if you fail to comply with the Boundary Tree, you will be threatened with the payment of damages. On the other hand, if the neighbor refuses to give his consent without a valid reason, you can sue them and then cut down the tree.

The wood of the felled border tree belongs to both neighbors. So everyone can chop up half of the trunk and use it as firewood for their fireplace. But beware: The costs of the felling action must be borne jointly by both neighbors. If you do not feel disturbed by the border tree and you do not want to bear the costs, you can renounce your rights to the wood. Consequently, the one who demands the elimination of the boundary tree must pay for the felling action alone. Of course, then he gets the whole wood.

Roots of neighbor's tree hats

Roots of trees and shrubs that penetrate from the property next door may be cut off at the border and removed if the woodland is not damaged. The prerequisite is, however, that the roots actually affect the use of the property, for example, remove moisture from the vegetable patch, damage plate paths or drainage pipes.

Tree roots lifted plates

Raised or shifted paving is one of the most common tree root damage

The mere presence of roots in the soil is not an impairment. A tree that complies with the prescribed distance, must not be felled, just because he could eventually cause damage with his roots. Nevertheless, talk to the neighbor early on. The owner of the tree is usually liable for (later) damage from the roots. Incidentally, damage to floor coverings is primarily caused by shallow roots; Among other things, pastures, birches, maple and poplars are problematic.

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