Mottenhausen
2018-12-24 00:16:34
- #1
Expropriating effect, in my opinion, comes into play in other cases: e.g., a tree blocking the only possible access road or similar.
In your case, there are still alternatives: at least: 1. different use (no single-family house construction); 2. build smaller; 3. special permission regarding the setback areas. The tree only becomes due when the other options are exhausted.
In the end, you will have to face the accusation of having implicitly acknowledged the tree protection ordinance when purchasing the property. The purchase contract may contain a general clause regarding awareness of the validity of laws or guidelines of the municipality.
I would try the special application you linked, possibly only regarding pruning: reducing the crown radius toward the east by 2 meters. If that is rejected, you can still seek legal assistance. Because this will not be cheap (aside from initial consultation), depending on the course, if the value of the matter (property?) is used to determine fees.
In your case, there are still alternatives: at least: 1. different use (no single-family house construction); 2. build smaller; 3. special permission regarding the setback areas. The tree only becomes due when the other options are exhausted.
In the end, you will have to face the accusation of having implicitly acknowledged the tree protection ordinance when purchasing the property. The purchase contract may contain a general clause regarding awareness of the validity of laws or guidelines of the municipality.
I would try the special application you linked, possibly only regarding pruning: reducing the crown radius toward the east by 2 meters. If that is rejected, you can still seek legal assistance. Because this will not be cheap (aside from initial consultation), depending on the course, if the value of the matter (property?) is used to determine fees.