Good day, dear community,
now that we have received a refund from Bafa regarding the subsidy, we want to start working on the front yard and the garden.
Everything is going well with the front yard, but we have a small problem with the garden.
Our neighbor across the street has four trees about 15-20m (50-65 feet) tall, and the branches extend about 1.5-2m (5-6.5 feet) onto our property.
The trees create a lot of debris. During strong gusts of wind, even branches and many pine needles fall to the ground.
We have forbidden our daughter from playing underneath them.
Safety is our top priority, and everything else comes after that.
What have we done so far?
Our first official action was to have a personal conversation. Unfortunately, we were turned away. Our neighbor doesn’t seem to care much.
The trees were here first, and then we came (??), was his reply. For him, the privacy screen is what matters, not safety.
The request to possibly reduce the trees by half was strictly refused! Our invitation to look at the trees and then assess the situation was also declined!
After that, we went to the city authorities and reported the issue. There, too, we encountered a dead end. “The city is not responsible for this.” We were advised to involve a mediator. Said and done. But our neighbor is not interested.
So, dear community, what else can I do now? I’ve found many articles on Google, but none really gives me clear advice in this regard.
As long as the situation with the trees is unresolved, working in the garden will be difficult...
I would be grateful for any small help.
now that we have received a refund from Bafa regarding the subsidy, we want to start working on the front yard and the garden.
Everything is going well with the front yard, but we have a small problem with the garden.
Our neighbor across the street has four trees about 15-20m (50-65 feet) tall, and the branches extend about 1.5-2m (5-6.5 feet) onto our property.
The trees create a lot of debris. During strong gusts of wind, even branches and many pine needles fall to the ground.
We have forbidden our daughter from playing underneath them.
Safety is our top priority, and everything else comes after that.
What have we done so far?
Our first official action was to have a personal conversation. Unfortunately, we were turned away. Our neighbor doesn’t seem to care much.
The trees were here first, and then we came (??), was his reply. For him, the privacy screen is what matters, not safety.
The request to possibly reduce the trees by half was strictly refused! Our invitation to look at the trees and then assess the situation was also declined!
After that, we went to the city authorities and reported the issue. There, too, we encountered a dead end. “The city is not responsible for this.” We were advised to involve a mediator. Said and done. But our neighbor is not interested.
So, dear community, what else can I do now? I’ve found many articles on Google, but none really gives me clear advice in this regard.
As long as the situation with the trees is unresolved, working in the garden will be difficult...
I would be grateful for any small help.
I don’t see the branches as dangerous.
Dirt is natural.
At least one tree is sick.
Talk to a tree removal service.
1) They can assess how sick the trees are
2) how dangerous they are – to prevent a tree from falling in the next storm
3) they know the legal basis
4) they can estimate the costs
A willingness to compromise on costs from your side might be a basis for discussion
Dirt is natural.
At least one tree is sick.
Talk to a tree removal service.
1) They can assess how sick the trees are
2) how dangerous they are – to prevent a tree from falling in the next storm
3) they know the legal basis
4) they can estimate the costs
A willingness to compromise on costs from your side might be a basis for discussion
We had a similar situation: a very old neighbor’s tree had long extended over his property line; nobody cared for a hundred years until we arrived and started building. Only once the house was finished did I notice that a few large branches were growing toward our gutter. I spoke with the neighbor, and he arranged for the pruning, which I paid for. He was simply afraid of the costs. Money can SOMETIMES help. Now we do this every five years. After all, the tree had been there long before any of us were born. Humans don’t have to push back all of nature; sometimes it’s better to accept it and let it live on...
Section 910 of the Building Code, paragraph 1, applies here. Set a reasonable deadline, which can be quite long depending on the tree’s growth period. If nothing happens, you can proceed and charge the property owner accordingly. Rules about distances may also be relevant. Even if the Parks Department or Forestry Office determines that a tree is rotten and needs to be cut down...
I would still recommend starting with a conversation and “carefully” pointing out the legal situation. If they refuse to cooperate, you won’t get any support from the neighborhood anyway. Then you can pull out all the stops.
I would still recommend starting with a conversation and “carefully” pointing out the legal situation. If they refuse to cooperate, you won’t get any support from the neighborhood anyway. Then you can pull out all the stops.
rick2018 schrieb:
Section 910 of the Building Code, paragraph 1, applies here. Set a reasonable deadline. This can be quite long depending on the tree's growth period. If nothing happens by then, you can proceed and also charge the property owner. Setback regulations might also be an issue.... and then, according to Section 1004, charge the neighbor.Setback regulations no longer apply here in North Rhine-Westphalia. This should have been addressed no later than six years after planting (Neighbor Law NRW).
pagoni2020 schrieb:
Hahaha........You’re really something. Alright, everyone, here is the solution!
So it only prevents "never-ending disputes" if you do it when the neighbor is not around? Where in some outdated mediation brochure did you read that? 😀 Hilarious........
Criminal liability is just a very small part of such an issue. Well, if he’s not there, maybe he won’t even notice?
I once read that the part extending onto my property may be removed by me.
P
pagoni20205 Apr 2021 21:21Bookstar schrieb:
Well, if he’s not there, maybe he won’t even notice?That could definitely be an option if there’s an existing vision impairment. But if not, there will probably be complaints all the more.Bookstar schrieb:
I once read that I’m allowed to remove the part that extends onto my property.Sure, the problem is always the difference between having the right and actually enforcing it, as well as the potential neighborhood collateral damage. Whether it was a good idea is something you only find out afterward 😀