Disturbing bamboo


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In the neighboring laws of many states is prescribed that the neighbor with hedges has a minimum distance to the limit of usually 50 centimeters has to comply if they are not higher than two meters. After decisions of the district courts Schwetzingen (Az 51 C 39/00) and Stuttgart (Az 11 C 322/95) this also applies to bamboo plants.

The reason: Even if botanists assign bamboo to the grasses, this classification is not binding for the legal evaluation. Decisive for the neighborly distance regulations is whether the respective plant lumbers - which is the case with the bamboo. Thus, according to this case-law, bamboo, although botanically a sweet grass (Poaceae), is a "woody" in the sense of the provisions of the neighboring law. Bamboo planted close to the border must always be removed at the request of the neighbor or cut back to the permitted height of growth. This legal opinion has also been confirmed by the Karlsruhe Higher Regional Court in a recent decision (Az.12 U 162/13).

How often does a hedge have to be cut back?

There are several national differences here. For example, in Baden-W├╝rttemberg, all hedgerows close to the border can only be 1.80 meters high and do not have to be cut in the period from 1 March to 30 September. The claim of the neighbor on a pruning does not bar age.

Neighbor dispute on the hedge

Growth heights and distances from hedges to the property boundary are common disputes in the neighborhood

In Bavaria, there is no reclamation claim, but only a claim to the elimination of planting close to the border. According to a decision of the Federal Court of Justice (ref. V ZB 72/11), the neighbor can usually demand twice a year to cut back to the usual two meters, namely in and after the growth period. Exception: for example Baden-W├╝rttemberg or Saxony. Incidentally, in most neighboring law laws, no recourse can be demanded because of the statute of limitations after five years of unchecked growth.
Incidentally, the owner of the hedge does not have the right, according to the current case-law, to enter the neighborly land for hedge-maintenance work - here diplomacy is required! Under no circumstances should you go without proper agreement on the property of the neighbors, even if this is not fenced.

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