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

PeterB85 schrieb:

If you follow that logic, then you probably shouldn’t build anything at all. 😉

Well, those are YOUR arguments. If that’s how you see it, you probably shouldn’t build. So much fear… phew. Has nature only been a factor because of how you park?

PeterB85 schrieb:

I can’t provide a better picture right now. On the drawing, the lime tree is on the right, my property is on the left.

Right, left… at least the orientation should be stated if you’re worried about shading. On the ground of reality, there is north, east, south, and west 😉

PeterB85 schrieb:

The house is planned to be placed 3 meters (10 feet) from the marked line.

Why? I thought the surveyor was just there? I always advise not to commit too much DURING planning. Plans are there to be changed or discarded if needed.

PeterB85 schrieb:

I can provide better pictures later.

I often recommend here and elsewhere to engage directly with the plot rather than just the digital boundary lines on a computer.
If you take graph paper and pencils and draw everything out—including wind direction, neighbors, north arrow, etc.—only then do you really understand what three meters (10 feet) mean.
That’s when you also discover options and alternatives to work around an issue.
I assume that you actually sit down on the site and experience the plot firsthand.

If you look up @Oakland, you’ll find someone who boldly built around an oak tree. The issue of the uncompostable leaves was never a problem discussed—rather, solutions were sought to harmonize the house and the tree.

The linden trees in the cemetery do not leave any sticky residue. At least, I have not noticed anything like that over many years when cleaning gravestones.
Perhaps there are enough predators in our area.

A healthy tree does not simply shed branches that could become dangerous.

PeterB85 schrieb:

Right now, I park on the street in an area full of lime trees. That’s probably why I’m not fond of lime trees. They produce an incredible amount of sticky residue, which is really unpleasant. I have to scrape that stuff off the entire car. Wasps are all over the vehicle. I guess only someone who’s experienced this can understand. 😉 But it’s not so much about the car since it would be parked under the carport.

What concerns me more is the photovoltaic system and the house facade. That sticky residue will certainly cover the solar panels, causing not only an annoying appearance but also reduced efficiency. The exterior plaster will likely suffer as well, and it also attracts lots of wasps. Plus, during strong winds, I worry about possible damage to the house. Falling branches or even the whole crown bending towards the house—although this is just a hypothetical risk at this point; I have no idea if it’s actually realistic.
Cutting down trees to produce green electricity probably makes ecological sense. You just need to calculate how much coal-based power you save by having a highly efficient photovoltaic system for self-supply. Replacement or compensatory planting is probably always required anyway. And well, whichever came first... If you follow that logic, you probably wouldn’t be allowed to build anything at all. 😉
I can’t provide better images right now. On the drawing, the lime tree is on the right and my property on the left. The boundary is the marked line. The house is planned to be positioned 3m (10 feet) from the marked line. I’ll share better pictures later.

As I said, I’m not yet determined that the tree must go. I just want to see if my concerns are completely unfounded and if I even have any grounds to act.

Best regards!

I don’t see why wasps should damage your facade.
When it comes to green electricity, you should also consider the manufacturing of the panels including shipping, etc. I don’t believe that results in as much savings as you might think.
If anything breaks during a storm, the insurance will cover it—even if it’s caused by a branch.

You really only have grounds for action if the tree actually becomes dangerous, like dying or similar.

To me, your arguments seem weak and appear to be just an excuse to get rid of an unwanted, annoying tree. Damage is unlikely.

On one of my properties, there was also a lime tree about 10 meters (33 feet) tall and 4 meters (13 feet) away from the neighboring property. At some point, the neighbor sued me, claiming that the tree’s roots had lifted her terrace, causing €7,000 in damage. The case went to court and was resolved through an out-of-court settlement. The tree also had overhanging branches extending over the other property.

I received a ruling from the local court requiring me to remove the tree by March 1, 2020. I then cut down the lime tree within the deadline in accordance with the judgment. However, I believed I was allowed to do this also because my liability insurance would not cover any further damages caused by the tree. This was a ruling from a German court!

No, according to the municipality’s tree protection ordinance, I was not allowed to just fell the tree. As a result, I had to pay a fine of 168.50 euros for cutting it down without permission. Typical Germany. Anyway, the permit to fell the tree would have cost about the same.

This clearly shows how absurd German bureaucracy can be. If not a court ruling, then what else should give me the authority?

And what would have happened if you had not received the tree-felling permit / clearance?

Then the story would have become interesting

Durran schrieb:

Here you can clearly see how absurd the German bureaucracy works. If not a ruling from the local court, what else would justify me more.

The separation of powers was experienced here. Everything is correct.