ᐅ Dead 40-meter tall trees on the neighbor’s property (North Rhine-Westphalia, Germany), do they pose an imminent danger?
Created on: 29 Jul 2021 20:44
P
parcusHello,
a neighbor of one of my clients in NRW is wondering which authority is responsible, as the neighbor has made no effort to remove the decayed trees.
The new building is 20m (65 feet) away.
I have already pointed out an imminent danger to a construction supervisor several times, but that was related to other structures.
Does anyone have advice for me? It seems that neighbor law in NRW does not cover something like this.
Thank you!
a neighbor of one of my clients in NRW is wondering which authority is responsible, as the neighbor has made no effort to remove the decayed trees.
The new building is 20m (65 feet) away.
I have already pointed out an imminent danger to a construction supervisor several times, but that was related to other structures.
Does anyone have advice for me? It seems that neighbor law in NRW does not cover something like this.
Thank you!
We (actually my nephew) called the fire department a few days ago during heavy rain because a tree was at risk of falling, specifically onto a playground. They arrived within about 10 minutes and, after a quick inspection, the tree (red oak) was cut down very quickly. It fell just past the slide. Then it was cut into pieces and removed.
Maybe this could be a solution for you as well?
Maybe this could be a solution for you as well?
If the authorities are not responsible, then the matter falls under civil law. Before consulting a lawyer, you can first request the removal in writing with a deadline. After that, see a lawyer and file a lawsuit.
But what exactly do "dilapidated" and "imminent danger" mean? Has this condition already been officially assessed by an expert, or is it only the opinion of the property owner who is bothered by the trees? Often, trees are more stable during storms than expected.
Oh, and even if the tree falls on the house, the homeowner’s building insurance will cover the damage initially. At least in this respect, the property owner is financially protected.
But what exactly do "dilapidated" and "imminent danger" mean? Has this condition already been officially assessed by an expert, or is it only the opinion of the property owner who is bothered by the trees? Often, trees are more stable during storms than expected.
Oh, and even if the tree falls on the house, the homeowner’s building insurance will cover the damage initially. At least in this respect, the property owner is financially protected.
That is exactly the question whether an authority is responsible.
If necessary, you might even need permission to cut down a tree. In such cases, the building authority typically involves the environmental or nature conservation department.
I have experience mainly with building permits in Rhineland-Palatinate (RLP) or Hesse (HE). I have not encountered this in North Rhine-Westphalia (NRW) yet.
Of course, legal action will always be an option. That is usually what building authorities aim for as well. However, if I, as an architect, declare an urgent risk situation, the authorities are not exempt from liability, and this usually prompts action.
If necessary, you might even need permission to cut down a tree. In such cases, the building authority typically involves the environmental or nature conservation department.
I have experience mainly with building permits in Rhineland-Palatinate (RLP) or Hesse (HE). I have not encountered this in North Rhine-Westphalia (NRW) yet.
Of course, legal action will always be an option. That is usually what building authorities aim for as well. However, if I, as an architect, declare an urgent risk situation, the authorities are not exempt from liability, and this usually prompts action.
Hello
40-meter (130 feet) tall trees?! Is that in Canada?
From the ground, 15 meters (50 feet) already looks quite tall.
But seriously: a dead tree is a hazard. The neighbor is liable for it. I would talk to them about it. They might not realize the seriousness of the situation. And once you have addressed it with them, there is no argument they can use to avoid liability.
Steven
40-meter (130 feet) tall trees?! Is that in Canada?
From the ground, 15 meters (50 feet) already looks quite tall.
But seriously: a dead tree is a hazard. The neighbor is liable for it. I would talk to them about it. They might not realize the seriousness of the situation. And once you have addressed it with them, there is no argument they can use to avoid liability.
Steven