Neighbors' bushes on our property...

Since apparently everyone here assumes that I’m just looking for a fight anyway... my questions so far have all been purely hypothetical... so what if the neighbor is being stubborn. Whether he does it or not, no idea! I just wanted to inform myself in advance. That’s what a forum is for, right...?

That you are all the kind of "neighbors" you can talk to is a stroke of luck for your neighbors. But that’s not always the case... when our construction project starts and the scaffolder can’t set up because the bushes are in the way... house is 3 meters from the boundary -> bushes stand 2 meters over the boundary -> probably less than a meter space for the scaffolding... then I want to be informed beforehand who is responsible and not only start reading up then? Time really is money!

And then just going over and saying: The bushes have to be gone by tonight is still a worse solution than the proposal from my first post "end of April would be good – after that would be bad"....

Nochmal: der Eigentümer muss sich um sein Eigentum kümmern, aber das bist in diesem Fall nicht DU!

Regarding your statement, that could possibly mean that I’m not allowed to do it and the neighbor doesn’t want to... what then?

I think Basti is partly misunderstood. He seems primarily interested in a joint/peaceful solution through mutual dialogue.

don't the plants become an essential part of the property and thus the property of the landowner simply by being planted? Strictly formal? But the disputatious lawyers should better comment on that.

The legal assessment also seems negligible to me because we don't want to get hung up on minor details.

@ toxicmolotow Thanks! For the earworm

It’s really quite crazy how something like this can escalate....

Best regards
Fanta

It is legally your property and this hedge is technically connected to this property. Therefore, you are legally probably the owner of the bush.

Besides that, there is certainly neighborhood law concerning the topic of boundary fence/boundary hedge. It is also worth taking a look there. There is even a legal code for that.

In detail, only a lawyer can tell you what you are allowed or not allowed to do. At that point, I am out.

Legally speaking, it is your property and this hedge is technically connected to this property. Therefore, you are probably legally the owner of the bush.

Are you sure? I am thinking of the overhanging fruits from the neighbor's garden. I always find it wrong when people already see the conflict before taking the first steps towards an amicable agreement. Otherwise, you have a big prejudice within you, and that shows in your entire demeanor.

Basically, I would want to steer the conversation in the direction that he is responsible for moving it. I wouldn’t even mention or make the ownership rights a topic. Either he agrees and will take care of moving it, or he doesn’t agree, then there will be a nice Easter fire since you probably need this space for scaffolding and such. The latter is of course an argument that the digging up must happen early. Maybe it will even be a joint event to cut the bushes.

I wouldn’t hire a gardener and send him the bill.

Do you already know him, your future one??

asks Yvonne

I am quite sure (essential part of the property). The overhanging apples are not connected to the property below.

Another example: A built house belongs to the person who owns the property (special exceptions like leasehold aside).

So the OP already owns 1/2 compost. Congratulations on that.

Take a look at Building Code 946 and Building Code 94

But I am not a lawyer.

And a bit of humor as well: 961-964