ᐅ Neighbor's Tree – Safety and Debris: Who Is Responsible?

Created on: 5 Apr 2021 18:46
L
lin0r87
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.

Garden with tall, leaning trees by the fence; pallets and clutter in the foreground.


Large tree with green ivy growth, partly brownish branches; garden fence in the foreground.


Garden view with green chain-link fence on the right, dense deciduous tree, blue sky.


Green metal fence with curved bars in the foreground, behind it leaves and bare branches.


Outdoor area with uneven soil, patches of grass, stones, wooden slat, trash bags in front of a gray wall.


Open garden area with bare soil, sparse grass, and construction debris (pipes, bags) at the edge.


Metal fence at the lower left edge, dense greenery climbing on it, bare branches reaching into gray sky.
Schimi179111 Apr 2021 08:31
lin0r87 schrieb:

...
And now to those who like to complain...
Just stop it!
I started this thread to get advice/help on how to proceed or to understand the situation.
I really don’t need any evaluations of my fence, the pallets, or anything else.
This thread is only about these trees. If you want to comment on that, you’re welcome to.
...

This is unfortunately what can happen when a thread gets ‘out of control’ due to a lack of moderation by the original poster.

Speculation, assumptions, guesses... One thing leads to another, and it quickly drifts away from the actual problem.
H
hampshire
11 Apr 2021 08:40
The information that the trees have been declared dead and dangerous by an expert completely changes the basis for a response.

If someone comes and demands the felling of living trees because they consider them a risk to their child and dislike leaves and needles, this presents a completely different context (both in terms of content and personal perspective) than if someone points out the removal of dead and dangerous trees.
R
Reinhard84.2
14 Apr 2021 19:52
I also find these fir trees incredibly ugly and outdated. I have a few of these specimens on my property as well, but out of consideration for the neighbors, I plan to cut them down gradually and replace them with deciduous plants that won’t completely block the light for others’ properties in winter. Especially on the west side, I find them quite unbearable.

I believe these trees were planted in the 1950s, and at some point they grew too tall – then it became too expensive for the owners to have them removed.
G
Gartenfreund
15 Apr 2021 05:45
If you want to remove them and they have grown nicely, you could ask your local authorities if they would like to use them as Christmas trees.

Otherwise, you will have to take care of them yourself in the autumn.
P
Pinkiponk
15 Apr 2021 07:26
Gartenfreund schrieb:

If you want to remove them and they have grown well, check with your city to see if anyone would like to use them as Christmas trees.
My uncle is only allowed to cut fir trees in his garden (state of Baden-Württemberg) up to a certain height. Beyond that, they are protected by a conservation regulation. I don’t remember the exact height, but I recall it seemed very low to me for a fir tree.
G
Gille D
15 Apr 2021 09:00
Oh dear, what really bothers me is that none of the professionals here notice that these are not fir trees! Even firs would not shed their needles.

Based on the cones, I would guess these are spruce trees, and unlike larch, it is not normal for them to lose needles in winter. This suggests the trees are not healthy. Maybe politely remind your neighbors about their duty of care, liability, and related responsibilities?

A little tip (also useful for life in general): It’s all about how you say it.