My garden - my right


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Who has to cut back a tree that has become too tall? What to do if the neighbor's dog barks all day? If you own a garden, you want to enjoy the time in it. But this is not always possible: Noise or odor nuisance, disputes with neighbors - the list of possible confounding factors is long. Based on current court decisions, LBS reveals which rights and obligations you have as a garden owner or tenant.

Cutting plum tree

With older plum trees, a light clearing cut from mid-August is sufficient, in which, above all, all overaged, ie more than three years old fruit branches are removed. Cut thinner side shoots in front of an outward facing young shoot. Steep upward and into the interior of the crown protruding shoots ("water guns")

Be careful when pruning trees

How much should you cut back trees to make them better? This question also occupied a community of apartment owners. In this case it was about pruning chestnuts, ash and walnut trees. The majority had opted for a radical cutback - but a member of the condominium community disagreed. His reasoning: The planned trimming is completely exaggerated and even violates the Tree Protection Ordinance. The District Court of Dusseldorf (file number 290a C 6777/08) saw the same and declared the decision of the majority invalid. Finally, pruning is about making it possible for a tree to develop its crown as naturally as possible and in line with its species.

storm damage

Such a storm damage can quickly bring tens of thousands of euros damage, but who is actually responsible for the damage?

Cost of heavy storm damage in the garden

Another possible source of dispute: the care of trees, shrubs and flower borders. The owner can no longer spend all the expenses on the tenants. A landowner asked his tenant to pay for felling a tree damaged by the storm. The District Court Krefeld (file number 2 S 56/09) rejected that. It was a "singularly serious event", namely a century-long storm. Therefore, the tenant does not have to participate in the felling costs. This could at most be the case in other regions where serious natural disasters are more likely.

My garden - my right: possible

A use of the garden, which was previously permitted or at least gedultet by the owner, can not be banned without further notice

Forbid garden sharing at a later date?

What to do if a property owner wants to prohibit the tenants from the previously permitted or at least tolerated use of a garden suddenly? Such a case was in Berlin, where ultimately the district court Pankow-Weissensee (file number 9 C 359/06) had to decide. The judiciary was based on a contractual right of the tenants: The existence of such facilities is an indication of the permission to use. An effective termination is not available. The concrete suspicion is imposing here, it was said in the judgment that newly moving, better paying tenants receive a private garden and the already living in the house tenants only from their windows should watch.

feral boxwood square

The faded boxwood tree longs for new design ideas that put the stone figure again in scene

Landlord neglects garden

Who has to cut back a tree that has become too tall? What to do if the neighbor's dog barks all day? If you own a garden, you want to enjoy the time in it. But this is not always possible: Noise or odor nuisance, disputes with neighbors - the list of possible confounding factors is long. Based on current court decisions, LBS reveals which rights and obligations you have as a garden owner or tenant.

fire

Especially in spring and autumn, a log fire in the evening ensures enough heat without having to start the central heating

Heat oven only occasionally

Not about optical defects, but to smell nuisance, it was in a dispute among neighbors. One of the neighbors had bought a stove for the garden, which caused so much smoke that the other could not use either the garden or the terrace. The windows also had to be closed. Nobody could be expected to do that, the regional court of Dortmund ruled (file number 3 O 29/08). The operator of the stove was prohibited from using the unit for more than eight days a month for five hours each. Only then could one still speak of a permitted "occasional" operation of the furnace.

garden gnomes

Decoration is a matter of taste, but the long-riddled garden gnomes now have cult status

Garden deco not allowed everywhere

Flower pots and garden furniture sparked another dispute among neighbors: A family in the Rhineland had set up the garden accessories along a thoroughfare - although they had rented no garden to their apartment, but only a terrace.The District Court of Cologne (file number 10 S 9/11) considered the "siege" of the way with furniture as "a breach of contract" of the leased property and prohibited such beautification measures for the future. The already placed items had to remove the family.

My garden - my right: right

Lawn mowing - pleasant work or chore? That depends not least on the tools of the trade

Garden maintenance: pure definition

Is in the lease, the tenant to take care of the care of the garden, which is by no means a clear statement. In the present case, the contract also stated that a company could be commissioned at the tenant's expense if he did not care for the garden. The landlord found after some time that had become from the former English lawn a meadow of clover and weeds. So he wanted to hire experts at the tenant's expense. However, district and regional court ruled: The owner is not entitled to "direction" in terms of garden design (district court Cologne, file number 1 S 119/09). The reason: If the tenant prefer a lawn with wild herbs to an English lawn, this change is not due to a neglect of the garden within the meaning of the lease.

Wyandotte domestic chickens

Wyandotte are among the most popular domestic chicken (medium-heavy breed), they are friendly and are characterized by good laying performance

Private Zoo: Not allowed

But the freedom in terms of garden design also has its limits: in a specific case, a tenant had kept many animals, so that the lawn was completely ruined. The area was teeming with pigs, turtles and birds. The Munich district court ruled that it was not permitted to convert the open space into a private zoo (file reference 462 C 27294/98). There followed the termination without notice.

smoke a cigarette

Smoking on the balcony or terrace is legal

Cigarette smoke? Rent reduction!

Have you ever been angry about cigarette smoke that runs from the neighbor's balcony to you? Then you can possibly obtain a rent reduction. In the underlying case, the residents of a loft apartment reduced their rent due to smoking co-tenants. The neighbors living under the tenants were heavy smokers and indulged their vice extensively on the balcony. The smoke rose and reached through the open windows in the attic apartment. The landlord did not recognize the rent reduction and demanded the payment of the outstanding rent. The district court Hamburg (file number 920 C 286/09) was initially the landlord right. But the tenants appealed: The district court of Hamburg finally decided in favor of the tenants. The contractually required serviceability had been significantly reduced. The district court considered a reduction rate of 5 percent to be appropriate.

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