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

Created on: 5 Apr 2021 18:46
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lin0r87
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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pagoni2020
5 Apr 2021 19:16
Bookstar schrieb:

A pragmatic approach is the best. If they’re not home, just cut everything back to the property line. Yes, I know, you’ll have to deal with the work afterward, but better that than endless disputes.
By the way, this is not illegal!

Hahaha........ You’re really great. So, dear community, here’s the solution!
So it only avoids “endless disputes” if you do it while the neighbor is away? In which outdated mediation brochure did you read that? 😀 Wonderful........
Illegality is only a very small part of such an issue.
tomtom795 Apr 2021 19:16
@Bookstar if you cut something off now, I would have seen a nest there as a neighbor that is no longer there.

This is going to be expensive.
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pagoni2020
5 Apr 2021 19:17
tomtom79 schrieb:

That will be expensive.

...but it definitely guarantees no disputes 😀 😀 😀
Y
ypg
5 Apr 2021 19:17
Bookstar schrieb:

By the way, this is not illegal!
I have to correct that: it is illegal. The trees belong to the neighbor. No one has the right to cut them, otherwise it counts as property damage. However, I would probably be able to live with the “penalty,” but not with hostile neighbors. In that case, you start a war at the chain-link fence yourself.
Y
ypg
5 Apr 2021 19:26
To be honest, I also have to represent the other side here: when I have to look at those plastic fences, I just shut down.

This leads to the chicken-and-egg question: is he acting stubborn because you don’t seek any neighborly contact anyway, keep to yourselves, and have put up these barriers?

Did you even try to make contact before your first official action? Introducing yourselves, inviting, and having a conversation?
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nms_hs
5 Apr 2021 19:45
Which state are we actually talking about? In Schleswig-Holstein, for example, as far as I know, such a tree is allowed to grow as long as no one objects. And there, no one objected for 20 years.

Have you questioned this yourselves:
The pictures don’t look that dangerous, but of course, appearances can be deceiving? It certainly has nothing to do with the shadow they cast?
Pine cones are not debris... even though I don’t like these kinds of trees at all.

I’m just imagining if these were my trees. I’ve lived here for 30 years, planted them when I moved in, and now many new neighbors have arrived.
Then a neighbor who’s lived there for two weeks comes along and immediately makes demands: the trees must be removed or at least cut down by half.
His child is in danger!

I would refuse too. Because all he really wants is more sunlight, and I think he’s messing with me. He knew the trees were there beforehand.

If he came and asked if the dead branches could be removed and said he’d be willing to help,
I’d consider it.

But there are also simply stubborn people who don’t care about anything and couldn’t care less 😀