ᐅ Tree on Neighbor's Property – Actions and Options?

Created on: 2 Oct 2021 19:18
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PeterB85
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PeterB85
2 Oct 2021 19:18
Hello,

I have a question that has come up due to the subdivision of our plot. We are building in a new development area, which means there are currently no houses here. The exact property boundaries have only now been established. There is a large lime tree on the neighboring property that is becoming an issue for us. It was previously assumed that the lime tree was farther away from us, but this clearly isn’t the case. Our house is supposed to be built with a 3m (10 feet) setback from the boundary line towards the lime tree. The building permit / planning permission application has not yet been submitted.

Do we have any options to take action regarding this lime tree on the neighbor’s property? We are concerned about several issues: shading, debris, and the potential risk to our house— which will be just over 8m (26 feet) tall— in strong winds.

Or are we possibly overestimating the problem?

Thank you very much for your advice!

Skizze eines runden grünen Baums mit mehreren Lappen-Blättern; Hilfslinien in Schwarz, Rot und Blau.


Großer Baum im Baugelände, Erdhaufen, umliegende Bäume, wolkiger Himmel.
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ypg
2 Oct 2021 20:10
PeterB85 schrieb:

Or are we seeing this as much more problematic than it actually is?

Yes!
Just imagine, people even build in infill plots close to forests or even within them.
What harm could this linden tree do to you? It produces oxygen, provides shade in summer, has a calming effect, and is welcome nature. It’s healthy, right?
If you talk about pollution caused by trees, you shouldn’t build at all!
PeterB85 schrieb:

Do we have any options to do something about this linden tree on the neighboring property?

I don’t think so. It has legal protection due to its existing status, and also environmental protection!
From your drawing I can’t see anything except the tree canopy and some lines. Please show the entire plot with orientation, indicate in which corner the tree stands, and how wide your property or building area is.
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hanse987
2 Oct 2021 21:50
There are even people who build around an oak tree.
Tolentino2 Oct 2021 21:58
I find lindens terrible. As a Berliner, I’m quite familiar with them, since they are almost considered the iconic tree of Berlin.

The biggest problem is not the mess—they all make some—but the aphids and their honeydew. Lindens are basically intensive breeding grounds for aphids, which then attack other plants as well. Even plants on our balcony that should repel aphids because of their essential oils end up dying.

The honeydew gums everything together, and if you’re not careful, a kind of black mold also grows on it, which can even damage car paint.

Regarding your question: there’s probably nothing you can do except offer to cover your neighbor’s costs for a replacement planting. But they still have to provide a reason why the tree must be removed. Mess and aphids alone are usually not enough.

Some people have even reportedly convinced Ukrainian truck drivers to accidentally hit the tree… 😉
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HilfeHilfe
3 Oct 2021 06:38
Germany and its trees. See my thread ….
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Steffi33
3 Oct 2021 09:28
HilfeHilfe schrieb:

Germany and its trees. See my thread...

I’m confused… Which thread are you referring to??