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

  • Erstellt am 2021-04-05 18:46:49

T_im_Norden

2021-04-10 14:11:14
  • #1
Depending on how reasonable the neighbor is and how much you care about a good relationship, I would do it this way. Inform him in writing or in the presence of witnesses that the trees are dead and pose a danger, and that he must fulfill his duty of traffic safety. If that does not help, proceed under [§ 1004 Abs. 1 Baugesetzbuch], but only after legal advice.
 

haydee

2021-04-10 15:04:49
  • #2
If the trees are dead or so sick that it becomes dangerous, they must be removed.

Search for the conversation again. Just ask him directly why the trees should remain even though they are sick?

Honestly, I wouldn't take any action without a lawyer. In the end, you might still be to blame because you removed a twig that is at least "45 cm" thick.
 

guckuck2

2021-04-10 16:42:10
  • #3
Even if you didn't want to talk about the fence, count 10 panels stacked on the photo. Since a panel is 20 cm high with welded wire mesh, that comes to 200 cm.

If experts say that they are really dead and must be removed, I would address that again with this background and if that leads to nothing, seek information/advice on whether and how that can be enforced.

You can share costs with those who also want the trees removed.

There are no obligations to respond, especially not within the short intervals mentioned. Don't let it annoy you, these are recurring individual opinions.
 

Ysop***

2021-04-10 19:01:03
  • #4
OK, then the neighbor seems to be stubborn. But if the others also want the trees gone, maybe it will help if you team up?
 

lin0r87

2021-04-10 19:39:04
  • #5
There are nine ;) You can’t tell, but the last panel was added later. Unfortunately, too much topsoil was removed, so the fence ended up being higher later.
 

Gartenfreund

2021-04-11 06:03:19
  • #6
In my first response, I assumed that there was still some life in the trees above. Otherwise, as I have already written, they should be removed.

It is normal for trees to sway in the wind, especially at this height.

I would never remove branches from foreign plants, even if the owner agrees. Because if the plant dies afterwards, the person who cut it might be blamed by the owner, even if the cutting had nothing to do with it.

Furthermore, it should be considered that if you remove branches from only one side of the trees, there will naturally be a higher weight on the opposite side, which can cause such a tree to fall in the direction of the heavier side. Thus, in the direction of the buildings. I would not rule out that the person who removed the branches might also get more or less a lot of trouble.

Therefore, I would always let the owner do this.
 

Similar topics
13.09.2014Multi-family house: arrangement of residential units, trees, etc.35
18.04.2016Trees on desired plot, is felling allowed? Seeking advice10
10.03.2018Trees on the construction site, remove roots for soil work?11
03.06.20208 trees on the property between the power and telephone lines.31
21.09.2021Solar panel shading caused by neighbor's trees15
01.02.2022Who is responsible for the trees? Neighbor's fence behind the boundary10

Oben