Planting by neighbors at the boundary

Hello everyone,

once again one of the great neighbor topics:
Our neighbor recently planted a coniferous tree about one and a half meters from the property boundary. On the one hand, from my point of view, it is too close to the boundary, on the other hand, it contradicts what the development plan allows. Permitted are site-appropriate deciduous trees, exceptionally juniper, spruce, mountain pine, forest pine, or yew. His tree does not belong to any of the mentioned species.

I have already approached him with the request to at least move the tree a bit further away from the boundary backwards, so far with moderate success, since it is his garden, he can do whatever he wants. Well, I would like to continue the friendly approach for a little longer now, but if no understanding occurs, I would like to take a different route.

Two questions from my perspective:
- The violation of the distance, which according to the Hessian neighbor law should be around 4 meters for the tree, can it be objected to up to five years after planting?
- How long can the violation of the B-Plan provisions be "complained about"?

Yes, talking to each other remains a priority. But all my proposals regarding alternatives or compromises (one can also meet halfway regarding the distance) have unfortunately fallen on deaf ears.

- The violation of the distance, which according to the Hessian Neighbor Law for the tree should be about 4 meters, can be challenged up to five years after planting?

Why five years? I read 3 to 4 years § 43 NachbG – Claim for removal, claim for pruning The claim is excluded if the neighbor has not filed a lawsuit for removal by the end of the third calendar year following the planting or construction.

- How long can a violation of the land-use plan provisions be "complained about"?

I am not aware of any deadline. However, as a neighbor you have no means of defense, since it is an urban planning provision that does not protect neighbors. Whether the authority takes action based on your report cannot be influenced by you.

Ah, great, that helps me! Thank you very much! Then let's hope that I won't need any of this and that I can reach an agreement with the neighbor.

State?

Hessen. That’s why I mentioned the Hessian Neighbor Law in my first post.

"strongly growing avenue and park trees, especially the rowan, the white birch, the white alder, furthermore the spruce or silver fir, the common pine or Scots pine, the western arborvitae 2.0 m all other avenue and park trees 1.5 m" Source: Hessian Neighborhood Law

How do you come to 4 meters? What kind of little tree is that?

but if no insight dawns, I would want to take a different approach after all.

If I were you, I would try to change the perspective ... otherwise, there will be two enemies living in your area in the future, and all because of one tree ops:

Would be really interesting to know: what type and which direction? Evening sun that way?

As for the plant list: be glad: that way you won’t have any leaves in your garden in the autumn. (except larch, it also drops)