Pathogens from neighbor's garden


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The pathogen of the pear grid is one of the so-called "host-changing mushrooms". It lives in summer in the leaves of pear trees and overwinters in various juniper species, especially on the saddle tree (Juniperus sabina). This complex life cycle causes annual juniper trees to infect the pear trees year after year - and eradicating plant sources of infection is therefore the safest way to reduce the pressure on the pear tree. However, there is plenty of potential for conflict when the two plant species are on neighboring properties.

Natural forces as polluters

True, it is true that the mushrooms causing the pear grid rust like to form their winter spore storage in certain juniper species. According to § 1004 of the Federal Code, the neighbor may in principle be required to refrain from disturbing the property if his own property is impaired. This claim presupposes, however, that the neighbor is responsible as a disturber. However, this condition is regularly absent if the impairment is due solely to the effects of natural forces that are subject to coincidences. For example, the Federal Court of Justice (Az. V ZR 213/94) has ruled that a property owner generally has no defense against the intrusion of pests that have already infested the plants of a neighbor. Thus, in cases like this only helps an open conversation among neighbors.

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