Hello,
one of our neighbors has a small forest on their property, including tall poplars and others. These trees are right next to a pond (so the ground is quite soft due to the water), directly by the fence. Between their property and ours, there is a 4-meter-wide (13 feet) path (a walking trail). Since last year, the trees have leaned significantly toward our side and are already resting against their chain-link fence due to the tilt. Some branches even extend over the path into our garden.
This causes a lot of small branches and leaves to fall on our side. We are also planning to place a garden shed there, but we are quite concerned that during the next storm, some trees or branches might fall and damage the shed.
Does anyone have experience with the rights and responsibilities in such a situation? I would like to talk to the neighbor but would first like to understand what I can reasonably and politely expect from them and what my own responsibilities are. For example, am I obliged to constantly clean up the fallen branches from my lawn, or is it their responsibility to ensure that normally these do not end up on my property—apart from exceptional cases like storms?
Any advice would be appreciated.
one of our neighbors has a small forest on their property, including tall poplars and others. These trees are right next to a pond (so the ground is quite soft due to the water), directly by the fence. Between their property and ours, there is a 4-meter-wide (13 feet) path (a walking trail). Since last year, the trees have leaned significantly toward our side and are already resting against their chain-link fence due to the tilt. Some branches even extend over the path into our garden.
This causes a lot of small branches and leaves to fall on our side. We are also planning to place a garden shed there, but we are quite concerned that during the next storm, some trees or branches might fall and damage the shed.
Does anyone have experience with the rights and responsibilities in such a situation? I would like to talk to the neighbor but would first like to understand what I can reasonably and politely expect from them and what my own responsibilities are. For example, am I obliged to constantly clean up the fallen branches from my lawn, or is it their responsibility to ensure that normally these do not end up on my property—apart from exceptional cases like storms?
Any advice would be appreciated.
H
HilfeHilfe10 Jan 2015 07:42When I read chain-link fence, old feelings come back 🙂
The neighbor is likely obligated to monitor the stability of the trees, if necessary with professional support. Regular documentation of this would certainly be helpful for them if they have to respond to a legal proceeding in the event of damage. In any case, they are liable for damages caused by the trees falling, but that is of little consolation if a person becomes a victim.
T
toxicmolotof11 Jan 2015 14:55He is not liable for damages caused by falling trees if he can document that the trees were healthy and stable before falling (regular tree inspections) and the fall was not foreseeable.
For the same reason, municipalities are also not liable when cars are damaged by public trees during storms or when people are even injured or killed. (see Düsseldorf 2014)
Only one’s own properly arranged insurance will cover such damage.
Sounds harsh, but that’s the reality.
For the same reason, municipalities are also not liable when cars are damaged by public trees during storms or when people are even injured or killed. (see Düsseldorf 2014)
Only one’s own properly arranged insurance will cover such damage.
Sounds harsh, but that’s the reality.
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