Neighbor's tree - Security and dirt. Who is responsible?

  • Erstellt am 2021-04-05 18:46:49

lin0r87

2021-04-05 18:46:49
  • #1
Good day dear community, since we have now received a back payment from the Bafa regarding the subsidy, we wanted to start with the front yard as well as the garden. Everything is going well with the front yard, but we have a small problem with the garden. Our neighbor opposite has four trees (about 15-20m high) and the branches extend a good 1.5-2m onto our property. The trees make a lot of mess. In a strong gust of wind, branches and many fir needles even fall to the ground. Our daughter has received a ban from us not to play underneath them. Our safety is our top priority, and then everything else follows. What has already been done? As the first official action, we sought a personal conversation. Unfortunately, we were dismissed. Our neighbor does not really care. The trees were here first, and then we came. (??) that was his reply. For him, the privacy screen matters, not the safety. The request to possibly cut the trees by half he strictly declined! Our invitation to come and look at the trees and then assess was rejected! We then went to the city and reported it. Here too, we encounter a blockade. "The city is not responsible for this." We were advised to involve a mediator. Said and done. But our neighbor has no interest. So dear community, what else can I do now? Google has many articles, but none of them really gives me concrete advice. As long as the issue with the trees is not resolved, working in the garden would rather be bad... I would be grateful for a little help again.
 

HilfeHilfe

2021-04-05 18:53:00
  • #2
Well, safety ... what could happen? Dirt from leaves and branches is something different. But it belongs to it when you have nature. I would cut the branches that are over your boundary. Create accomplished facts.
 

tomtom79

2021-04-05 19:02:54
  • #3
Depending on the federal state, you could insist on the distancing rules. But please do not cut any branches now, that is not allowed during the breeding season. Unless they are rotten and endanger someone. A professional should be able to say here which are dried out and become dangerous. Call your neighbor to the conversation. And the trees do not really look healthy.
 

pagoni2020

2021-04-05 19:07:07
  • #4
Of course it is annoying if he himself declined a friendly conversation. Naturally, you also have regulations regarding such a neighborhood issue concerning these trees. At the same time, it is obviously difficult for you to assert your "right." Confrontation often leads to escalation and there will still be plenty of other possible points of friction in a future neighborhood. I understand that this is frustrating, but on the other hand you should perhaps also try not to give free rein to your anger and risk a stomach ulcer. Easier said than done.... I know! If it were just a few branches and twigs, I wouldn’t care, but I’m not so sure that the danger to your child is actually that great.
 

ypg

2021-04-05 19:09:35
  • #5
I can't really tell now how many meters the trees are away from the property boundary. Is it 3 meters, which must be observed? but I am not surprised that a mediator was proposed by the office. Apparently, it is a border planting that may only be 2 meters high, and due to the lack of neighbors there was no complainant. Now you are here! I’ll say it upfront: I know these situations from work life: it can go as far as insults and property damage, civil law meets criminal law...

From the local press, there was a long-standing incident where an old lady refused for years to cut her sick trees because she didn’t have the money. But no one knew that, the money problem. In the end, there was an agreement that the neighbor (you) covered the costs. Not only from this forum is it known that this chicken-and-egg principle (the trees were there first) is more the stubbornness and pride of the long-established residents because the young newcomers (you)? did not introduce themselves properly, but suddenly appeared and made demands. In short: generally, you have to live with leaves and nature that fly into your own garden, so branches, fruits, etc. You don’t go after your leaves either. There are three alternatives: 1. Make friends and curry favor so that you find a better connection to each other. You are more likely to do a favor for friends than for strangers. You could offer yourselves as guardians of the trees and prune sick branches. 2. Commit a crime and saw off the trees when the people are away. That causes enmity. 3. Live with it. Your garden can still be used like this. You knew the trees before buying the property. Maybe it is possible to offer the neighbors to cut back the sick branches a little.
 

Bookstar

2021-04-05 19:10:11
  • #6
A pragmatic approach is the best. If he's not at home, then cut everything up to the border. Yes, I know you'll have the work with it, but better that than endless disputes.

By the way, this is not illegal!
 

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