Branches etc. from the neighboring property

  • Erstellt am 2015-01-09 14:36:41

Illo77

2015-01-09 14:36:41
  • #1
Hi, one of our neighbors has half a forest on his property, including tall poplars, etc., which stand right by a pond (so relatively soft ground due to the water) directly at the fence. Between his and our property there is a 4-meter-wide path (a hiking trail). The trees have already leaned a lot towards our side since last year and are even pressing against his chain-link fence because of the tilted position. The branches partly extend over the path into our garden... Now, on the one hand, quite a few small branches fall into our area and, on the other hand, all the leaves... Additionally, we actually want to put up a garden shed there but are quite worried that the trees might fall during the next storm and destroy the shed... Does anyone know about rights and duties in this situation? I would like to talk to him but would also like to know what I can (politely) ask from him and what my duties are (I don't know if I always have to collect the twigs from the lawn or if it is his responsibility to ensure that they normally don't end up there—except during a storm). Does anyone have advice?
 

ypg

2015-01-09 15:55:20
  • #2
Branches and foliage are your thing. It is all anchored in the neighborhood regulations of the respective country :)
 

HilfeHilfe

2015-01-10 07:42:41
  • #3
When I read chain-link fence, old feelings come up :)
 

FrankH

2015-01-11 11:33:53
  • #4
The neighbor is probably obliged to keep an eye on the stability of the trees, if in doubt with professional support. It would certainly be helpful for him to document this regularly if he ever has to justify himself in court in the event of damage. In any case, he is liable for damages caused by the falling of the trees, but that is of little use if a person becomes a victim.
 

toxicmolotof

2015-01-11 14:55:13
  • #5
He is not liable for damages caused by falling trees if he can document that the trees were healthy and stable before falling (regular tree inspections) and the fall was not foreseeable.

For the same reason, cities are also not liable if cars are damaged by public trees during a storm or if people even die. (see Düsseldorf 2014)

Only the appropriate insurance taken out by oneself pays.

Sounds silly, but that's how it is.
 

DaveS

2015-01-11 15:59:49
  • #6
What does a regular tree inspection look like?

Can you do it yourself and document it!

Daves
 

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