ᐅ Neighbor's Tree – Safety and Debris: Who Is Responsible?

Created on: 5 Apr 2021 18:46
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lin0r87
lin0r875 Apr 2021 18:46
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.
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HilfeHilfe
5 Apr 2021 18:53
Well, safety... what could possibly happen? Dirt from leaves and branches is a different matter. But that comes with having nature around. I would cut the branches that extend over your property line. Create a fait accompli.
tomtom795 Apr 2021 19:02
Depending on the state or region, you might be able to insist on the setback regulations.

But please do not start cutting branches now, as this is not allowed during the breeding season unless the branches are rotten and pose a risk to someone. A professional should be able to determine which ones are dead and dangerous. Involve your neighbor in the discussion.

Also, the trees do not look very healthy.
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pagoni2020
5 Apr 2021 19:07
Of course, it’s frustrating if he refused a friendly conversation. Naturally, you also have regulations regarding such neighborhood matters involving these trees.

At the same time, it is difficult to assert your "right" in this situation. Confrontation often leads to escalation, and there will likely be many other potential points of conflict in a future neighborhood.

I understand that this is annoying, but on the other hand, you might want to try not to let your anger get the best of you and risk health issues like stomach ulcers. Easier said than done, I know!

If it were only a few branches and twigs, I wouldn’t mind. However, I’m not entirely sure if the danger to your child is actually that great.
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ypg
5 Apr 2021 19:09
I can’t tell exactly how far the trees are from the property boundary right now. Is it 3 meters (10 feet), as required?
But I’m not surprised that a mediator was suggested by the authorities. Apparently, this is a boundary planting that can only be 2 meters (6.5 feet) high, and because there were no neighbors to complain, no one raised an issue. Now you’re involved!
I’ll say this upfront: I’m familiar with situations like this from work experience—they can escalate to insults and property damage, where civil law meets criminal law...

According to local news reports, there was a long-standing case where an elderly woman refused for years to prune her unhealthy trees because she couldn’t afford it. Nobody knew about her financial difficulties. Eventually, an agreement was reached where the neighbor (you) covered the costs.
It’s well known, not just in this forum, that this chicken-and-egg issue (the trees were there first) is often more about the old residents’ pride and stubbornness because the new neighbors (you) haven’t properly introduced yourselves but suddenly appear and make demands.
In short: generally, you have to accept leaves and natural debris like branches or fruit that fall into your own garden. You don’t chase after your own leaves either.
There are three options:
1. Make friends and try to build a better relationship with your neighbors. People are more likely to do favors for friends than strangers. You could offer to be caretakers of the trees and prune any unhealthy branches.
2. Break the law by cutting down the trees while the neighbors are away. This will cause hostility.
3. Live with it. Your garden can still be used as it is. You knew about the trees before buying the property. Maybe it’s possible to suggest to the neighbors that they trim some of the unhealthy branches.
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Bookstar
5 Apr 2021 19:10
A pragmatic approach is the best. If he’s not home, just cut everything back to the property line. Yes, I know you’ll have to deal with the work, but it’s better that way than having a never-ending dispute.

By the way, this is not illegal!