Limitation is limitation. It would be new to me if that no longer applied. Much more problematic is that the people of Mecklenburg have so far failed to agree on a neighborhood law – in other words, they have none. When there are problems, they refer to other federal states or BGH rulings.
Here is another example from Bavaria, as they apparently always have to stand in for this:
Art. 47 of the Bavarian implementing law to the Civil Code reads as follows:
[I](1) The owner of a property may demand that no trees, shrubs or hedges, grapevines or hop plants be kept on a neighboring property closer than 0.50 m or, if they are over 2 m high, closer than 2 m from the boundary of his property.
However, this claim is subject to limitation according to Art. 52 of the same law:
(1) (...) The claim for removal of a condition violating Articles 47 to 50 and 51 paragraphs 1 and 2 becomes time-barred after five years. The limitation period begins at the end of the calendar year in which
1. the claim arose, and
2. the owner of the property gained knowledge of the circumstances giving rise to the claim or should have gained such knowledge without gross negligence.[/I]
I do not believe that the purchase of a property by a new owner cancels the limitation period. But let’s see what the lawyer says.