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.
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.
T
T_im_Norden10 Apr 2021 14:11Depending on how reasonable your neighbor is and how important a good relationship is to you, I would handle it like this.
Inform them in writing or in the presence of witnesses that the trees are dead and pose a safety risk, and that they must fulfill their duty of care regarding public safety.
If this does not help, proceed according to Section 1004(1) of the German Building Code (Baugesetzbuch), but only after consulting a lawyer.
Inform them in writing or in the presence of witnesses that the trees are dead and pose a safety risk, and that they must fulfill their duty of care regarding public safety.
If this does not help, proceed according to Section 1004(1) of the German Building Code (Baugesetzbuch), but only after consulting a lawyer.
If the trees are dead or so diseased that they pose a danger, they need to be removed.
Look again for the conversation. Ask him directly why the trees should remain even though they are diseased.
Honestly, I wouldn’t take any action without a lawyer. In the end, you might be held responsible for removing a branch that is at least 45cm (18 inches) thick.
Look again for the conversation. Ask him directly why the trees should remain even though they are diseased.
Honestly, I wouldn’t take any action without a lawyer. In the end, you might be held responsible for removing a branch that is at least 45cm (18 inches) thick.
Even if you didn’t want to talk about the fence, the photo shows 10 panels stacked vertically. Since each mesh panel is 20cm (8 inches) high, that adds up to 200cm (79 inches).
If professionals say that the trees are truly dead and need to be removed, I would bring this up again with that background. If that doesn’t lead anywhere, look for information or advice on whether and how removal can be enforced.
You can share the costs with those who also want the trees removed.
There are no obligations to respond, especially not within the short time intervals mentioned. Don’t let yourself get upset—these are just recurring individual opinions.
If professionals say that the trees are truly dead and need to be removed, I would bring this up again with that background. If that doesn’t lead anywhere, look for information or advice on whether and how removal can be enforced.
You can share the costs with those who also want the trees removed.
There are no obligations to respond, especially not within the short time intervals mentioned. Don’t let yourself get upset—these are just recurring individual opinions.
guckuck2 schrieb:
Even if you didn’t want to talk about the fence, the photo shows 10 panels stacked vertically. Since each panel of welded wire mesh is 20cm (8 inches) high, that adds up to 200cm (79 inches).
There are nine 😉
You can’t really see it, but the last panel was added later. Unfortunately, too much topsoil was removed, so the fence ended up being taller than planned.
G
Gartenfreund11 Apr 2021 06:03In my first response, I assumed there was still some life left in the trees above. Otherwise, as I already mentioned, they should be removed.
It is normal for trees to sway in the wind, especially at this height.
I would never remove branches from plants that belong to someone else, even if the owner agrees. If the plant then dies, the person who cut the branches might be held responsible by the owner, even if the pruning was not the cause.
Furthermore, it should be considered that removing branches only on one side of a tree naturally shifts more weight to the opposite side, which can cause the tree to fall in the direction of the heavier side—potentially towards buildings. I would not rule out the possibility that the person who removed the branches might then face some level of trouble.
Therefore, I would always recommend that the owner handle this themselves.
It is normal for trees to sway in the wind, especially at this height.
I would never remove branches from plants that belong to someone else, even if the owner agrees. If the plant then dies, the person who cut the branches might be held responsible by the owner, even if the pruning was not the cause.
Furthermore, it should be considered that removing branches only on one side of a tree naturally shifts more weight to the opposite side, which can cause the tree to fall in the direction of the heavier side—potentially towards buildings. I would not rule out the possibility that the person who removed the branches might then face some level of trouble.
Therefore, I would always recommend that the owner handle this themselves.