ᐅ Tree on Neighbor's Property – Actions and Options?

Created on: 2 Oct 2021 19:18
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PeterB85
Hello,

I have a question that has come up due to the subdivision of our plot. We are building in a new development area, which means there are currently no houses here. The exact property boundaries have only now been established. There is a large lime tree on the neighboring property that is becoming an issue for us. It was previously assumed that the lime tree was farther away from us, but this clearly isn’t the case. Our house is supposed to be built with a 3m (10 feet) setback from the boundary line towards the lime tree. The building permit / planning permission application has not yet been submitted.

Do we have any options to take action regarding this lime tree on the neighbor’s property? We are concerned about several issues: shading, debris, and the potential risk to our house— which will be just over 8m (26 feet) tall— in strong winds.

Or are we possibly overestimating the problem?

Thank you very much for your advice!

Skizze eines runden grünen Baums mit mehreren Lappen-Blättern; Hilfslinien in Schwarz, Rot und Blau.


Großer Baum im Baugelände, Erdhaufen, umliegende Bäume, wolkiger Himmel.
Tolentino3 Oct 2021 10:51
No tree protection ordinance in your town?
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driver55
3 Oct 2021 10:54
guckuck2 schrieb:

A linden tree would annoy me too. Everything in the surrounding area will be covered in sap, including windows, cars, awnings/canopies, etc.
I wouldn’t want to have such a tree either.

But the tree was there first. 😉
So who should adapt to whom now?
Y
ypg
3 Oct 2021 10:55
Tolentino schrieb:

Only lindens and maybe birches (because of allergies,
The allergy argument doesn't really hold. Pollen can travel hundreds of meters. The neighbor's tree isn't the issue.
@Steffi33
The thread by HilfeHilfe about their hedge.
Y
ypg
3 Oct 2021 11:03
@PeterB85
Will we be receiving any feedback from you regarding a complete set of drawings?
Winniefred3 Oct 2021 11:04
Linden trees are beautiful and important sources of pollen for insects. We have a huge specimen about 10m (33 feet) away, and I love it. There has never been any sticky residue or dirt, and aphids only appear in normal amounts. By the way, cars are always parked underneath (public parking), and there are also garbage bins for a multi-family building—I've never noticed any problems with that. If our property allowed it, I would plant a linden tree immediately.

Be grateful for this lovely shade provider and pollen source; besides that, their leaves turn a wonderful yellow color in autumn.

In our area, cutting down linden trees is not allowed, and that is a good thing.
Tolentino3 Oct 2021 11:19
Maybe the linden trees in Berlin are more appealing to aphids...?