Boundary distance of trees after land subdivision

  • Erstellt am 2016-01-05 07:27:33

daytona

2016-01-05 07:27:33
  • #1
Hello everyone,
regarding the situation: A rectangular undeveloped plot with plenty of trees (firs >5m) in a row on one side of the plot. The distance between the trees varies between 1-2m.
Now the plot has been roughly halved and the new property boundary runs exactly between the trees, so that half of the trees stand on plot A and the other half on plot B.
Due to the development and optical aspects, all trees on plot A are to be felled.

However, the circumstance arises that some trees on plot B stand "relatively close" or in the corridor at the newly created property boundary. The Thuringian Neighborhood Act would theoretically require a 4m distance for all firs.

How do you assess the situation: Can one insist on the felling of the trees on plot B which stand in the 4m corridor, or is there anything like protection of existing structures or because of the newly created property boundary???? (Yes, I am aware that communication between the parties helps as well, but I only want to consider the legal aspect here!)
 

Baustelle2016

2016-01-05 11:31:09
  • #2
From my point of view, the trees are protected. Properties are sold as seen. But how a legal scholar sees it would really be interesting.
bg
 

daytona

2016-01-05 13:46:52
  • #3
Yes, certainly not quite easy...

Well, plot A was divided from a total area based on a desired size / m², so plot B now simply represents the remainder. It is clear that the owner of plot A can more or less do what he wants with his trees, but the question is to what extent the owner of B might now have to "follow suit" because A feels disturbed???
 

Bieber0815

2016-01-05 15:51:56
  • #4
Good question, I don't know either. Our "border tree" was removed by the neighbor in the course of erecting his fence without further consultation. The fruit tree stood directly in the middle on the boundary line.
 

SirSydom

2016-01-05 16:54:02
  • #5
Trees whose trunks stand on both properties belong to both! That means felling without asking is not allowed!

As a rule, the tree protection ordinance must also be observed - if necessary, felling may not be allowed at all or a permit may be required.

Existing trees are protected - the distances apply to new plantings.
 

daytona

2016-01-05 18:37:56
  • #6
Ok The existing firs or conifers may be felled without approval from the office
 

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