Mountain "presses" against our fence

I need your help again regarding our "fence".

It is supposed to be redone next year.
Now, the thing is, we live on a mountain and it is practically pressing against the fence.
Many years ago, you could apparently still walk there because there was a small narrow path, according to my mother.
By now, it looks like in the pictures.

So we need to talk to the owner and he has to take a look at it.
Do you know what the legal situation is? DOES he have to do something about it? Or is it simply our bad luck?
In case it is important, we live in Lower Saxony.

Of course, I don’t want to put up a new fence there as long as it looks like this.

Also, I would be interested in what can generally be done against this...? Because we will have this problem again and again.

Additionally, there is an oak very close to the fence. Can something be done about this?

Thank you for your help.
Mery

It looks like this with us too, just with a lot more slope. That is not the mountain, but the leaves pressing down. You can only get rid of them by consistent raking, then the path should reappear. I wouldn’t put a fence there, rather a slope reinforcement/wall. It doesn’t need to be high. Does the house belong to you? Or whose owner is being talked about above? The oak can stay there if it’s not yours, since it’s been there longer judging by the trunk thickness.

Was that once a plot of land as a whole, from which you later bought a piece of land?

Was this once a whole property, from which you later bought a piece of land?

Yes. It must have been like that. In the 1950s, my grandpa bought the property. The owner essentially owns the mountain and the forest behind it...

That's how it looks for us too, just with a much steeper slope. That's not the mountain, but the leaves pressing down. You can only get rid of it by consistent raking, then the path should reappear as well. I wouldn't put a fence there, rather a slope reinforcement/wall. It doesn't have to be high. Does the house belong to you? Or which owner is being referred to up there? The oak can stay if it’s not yours, since it has been there a long time judging by the trunk thickness.

The thing with the wall is that we have small children and want a dog sometime. So it has to be something reasonable. Yes. That’s true. There’s a lot of leaves. My parents used to clear them away too. But I think part of it is actually so overgrown that it’s not all leaves. I should really inspect it more closely again. Thanks for the hint.

The oak is supposed to go though, most of the branches hang over our property anyway. I’m just a bit worried whether the trunk will soooooon grow into the fence... The tree is not ours. We’ll have to clarify that with the owner.

Thanks.

The oak tree is thus probably protected by vested rights. It is also a forest property. If you do not remove leaves and they decompose, they can already merge with the existing soil. However, it must probably be tolerated on near-natural plots. I would place the new fence on a base. It will not be cheap. How large is the property?