The Content Of The Article:
Without the consent of the neighbor you are not allowed to enter his property - even if you do not even take the work off him by pruning a common hedge. The maintenance of one's own or communal green wall must, without further agreements, basically take place from one's own property. In several federal states, a so-called hammer blow and ladder law is regulated in the respective neighboring law, but one can not invoke this directly for the hedge care.
Hammer blow and ladder right
The hammer blower and ladder law covers only repair work or repair work on construction works. However, a hedge is basically not a structural system, moreover, the hedge trimming is a care measure and no repair. A repair measure requires at least that damage should be prevented and it is necessary to maintain the building in a proper condition. Pure beautification measures are not enough (BGH, judgment of 14.12.2012, Az. V ZR 49/12).
A claim to enter Neighbor's property under certain conditions may in individual cases result from the neighborly community relationship. If you have adhered to the applicable margins and maintained the hedge regularly, it is usually not necessary to enter the neighboring property. The border distances are regulated in the respective neighbor law of the countries. For example, hedges up to about 200 centimeters high must always maintain a distance of 50 to 75 centimeters. From where this distance must be measured, depends on the respective state regulations.
Legal dates for the hedge trimming
Whether you are allowed to cut your hedge at any time of year depends on different legal regulations. First of all, § 39 (5) No. 2 of the Federal Nature Conservation Act stipulates, inter alia, that it is forbidden to "cut off hedges... in the period from 1 March to 30 September or to put them on the floor; Gentle form and care cuts to eliminate the growth of plants are permissible... ".
Shape cuts are also allowed during this time, as long as no nesting birds or other animals are disturbed and endangered. Anyone who does not comply with this provision for the protection of nesting birds and other animals commits a misdemeanor (§ 69 (3) No. 13 Federal Nature Conservation Act), which can be punished with a fine. It may also be necessary to look into the respective Land Neighborhood Law. For example, there is no obligation in Baden-Württemberg to cut back its hedge in the growing season between 1 March and 30 September (§ 12 (3) Neighbor Law Baden-Württemberg).