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

Created on: 5 Apr 2021 18:46
L
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.
H
haydee
6 Apr 2021 11:23
You don't know how the newcomer was received by the old resident.
It might have even caused a gag reflex.
F
FloHB123
6 Apr 2021 11:31
None of us were present during the conversation. Perhaps the original poster (OP) was a bit upset because they saw their child in danger and therefore spoke a little harshly (from the neighbor’s point of view). It’s completely understandable that this was met with a defensive reaction, and most of us would probably respond the same way.

I don’t particularly like the trees either, but they were already there when the plot was purchased. So no one can really complain about them now.

As mentioned before, I would leave everything as it is for the time being and continue with the garden planning. In the worst case, one of the trees or large branches might fall into the garden during the next storm. That’s unfortunate, but as long as the house isn’t affected, it’s not a major issue. That’s what insurance is for. The child is unlikely to be playing in the garden at that time anyway.
Y
ypg
6 Apr 2021 12:04
FloHB123 schrieb:

None of us were present during the conversation.
Exactly. We were not there.
And since the original poster hasn’t shared any details or clarified anything for us, one might infer that he has recognized some communication mistakes on his part, which have been pointed out here, and that he needs time to process this. But we don’t know for sure.
H
hampshire
6 Apr 2021 12:22
Probably applies to all parties: "If a person wants to whistle at something, they must not offend in tone." (Eugen Roth).
Most neighborhood conflicts are not about the issue itself.
P
pagoni2020
6 Apr 2021 12:36
It reflects a rather modern phenomenon for me, where sometimes the homeowner has their fence up before the house is built. Of course, this is allowed, but for some, it also expresses something else.
I believe that in many cases, things are not simply black or white.
Especially in interpersonal matters, “rights” are among the most difficult things to enforce. Often (though not necessarily in every case), people tend to focus only on their own rights and overlook their responsibilities, which are usually seen by the other party.
Of course, there are also more or less unpleasant individuals.
T
T_im_Norden
6 Apr 2021 13:00
rick2018 schrieb:

Section 910 of the Building Code, paragraph 1 applies here. Set a reasonable deadline.
I would be cautious there, paragraph 2 restricts this again, and it is not clear whether the branches affect the use.