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.
lin0r8721 Apr 2021 18:02
Hello,

I reminded my neighbor again today.
He doesn’t care. He said something like, “We have insurance anyway.” That was his further reply. I can cut the branches if I want.
Now I’m supposed to leave it as it is and stop ringing the doorbell.

Honestly, dear community, new neighbor or not... one has a certain duty of care to fulfill, right?
Y
ypg
21 Apr 2021 18:50
If I were you, I wouldn’t get upset or hung up on this now. Do your thing, cut off the parts, and be happy. And if the question comes up, "what if he files a complaint afterwards," well, that’s just how it is. I wouldn’t worry about that either. After all, no one wants to make a formal issue out of something like this!
P
Pinkiponk
21 Apr 2021 18:57
lin0r87 schrieb:

Hi there,

I reminded my neighbor again today.
He doesn’t care. He said, "We also have insurance." That was his further response. He said I’m welcome to cut the branches.
Now I’m supposed to leave it and stop knocking on his door.

Honestly, dear community, new neighbor or not... you still have a certain duty of care to fulfill, don’t you?

Maybe you could prepare a brief power of attorney document on your computer and drop it into his mailbox asking for his signature. It might seem bureaucratic to him, but then you’d be on the safe side. Some members’ advice here regarding compensation claims, should the tree fall in a few months, seems quite reasonable to me.
Winniefred21 Apr 2021 19:19
I still don’t see your problem. Just cut off the overhanging branches and that’s it. The rest is their responsibility. Again, my question: would the trees fall on surrounding buildings if they were to fall?
rick201822 Apr 2021 06:00
He has now given you permission to remove the overhanging branches. Just go ahead and do it.
Tolentino12 Jun 2021 09:36
So, what’s the situation?
By the way, there is a new Supreme Court ruling on a similar case.
Search for:

Karlsruhe rules on Berlin neighborhood dispute: Is it allowed to prune an intrusive tree?

The Tagesspiegel reports...