Tree on neighbor's property - need for action and possibilities?

2021-10-03 14:07:53

If you go by that, then you probably shouldn’t build anything anymore. ;)

Well, those are YOUR arguments. If you see it that way, you shouldn’t build. So many fears… phew. You only had something to do with nature because of your parking behavior?

I can’t provide a better picture right now. On the drawing, the linden tree is on the right, my property is on the left.

Right, left… at least you should be able to give the orientation if you are afraid of shadows. In reality, there is north, east, south, and west ;)

The house is supposed to be placed 3m from the drawn line.

Why? I thought the surveyor was just here? I always advise not to commit too firmly DURING the planning. Plans are there to be discarded sometimes.

I can provide better pictures later.

I often advise here and elsewhere to deal with the property itself and not with the line-drawing program on the PC. When you take graph paper and pens in hand, draw everything including the wind direction, neighbors, north arrow, etc., then you really grasp what three meters means. Then you also discover possibilities and options on how to bypass a problem. I assume you’ve sat down on the property at least once. If you google , you’ll find someone who bravely built around an oak tree. The issue of non-compostable leaves was never discussed, rather solutions were sought on how to combine house and tree.

2021-10-03 14:24:15

The lindens in the cemetery do not leave anything sticky. At least I haven't noticed anything for years while cleaning the gravestones. Maybe there are enough predators here.

A healthy tree does not simply lose branches that become dangerous.

2021-10-03 19:45:31

So currently I am a street parker in a street full of lindens. Presumably, that's where my aversion to lindens comes from. The lindens produce so incredibly much sticky dirt, it's really not nice. I have to scrape that stuff off the entire car. There are wasps all over the whole car. Maybe only someone who has had this experience can understand that. ;) But I am not so much concerned about the car, it would be parked under the carport.

However, I am more worried about the photovoltaic system and the facade of the house. That stuff will surely coat and stick to all the photovoltaic panels. Then it’s not just about the annoying appearance, but also about losses in productivity. The facade plaster will surely suffer underneath, and it also attracts lots of wasps. And: In strong winds, I still see my house exposed to possible damage. Falling branches, the entire crown bending towards the house. But of course, that is initially only a hypothetical danger, I have no idea if that actually applies in the end. Cutting down trees to produce green electricity would probably make ecological sense with high probability. Simply calculate how much coal-fired power you can save if the photovoltaic system contributes to self-sufficiency with high efficiency. A replacement or compensatory planting will probably always be required anyway. And well, who was there first... If you go by that, then you probably shouldn't build anything at all. ;) I can't provide a better picture right now. On the drawing, the linden is on the right, my property is on the left. The boundary is the drawn line. The house is to be placed 3m from the drawn line. I can provide better pictures later.

As I said, I am not yet determined that the tree must be removed. I just want to see if my thoughts are completely absurd and if I even have any course of action.

Best regards!

I wouldn’t know why wasps should harm your facade. The production of the panels including shipment etc. should also be considered in the green electricity. I don't think much can be saved there. If something breaks in a storm, the insurance covers it. Even if it comes from a branch.

You only have a course of action when it really becomes dangerous. Like the tree being dead or something.

To me, your arguments are flimsy to get rid of the unwanted, disturbing tree. Damage is not to be expected.

2021-10-03 21:38:47

On a property of mine there was also a linden tree, about 10m high and 4m away from the neighboring property. At some point the neighbor came and sued me, claiming the roots of the linden had lifted her terrace. 7000€ damage. It then went to court with an amicable settlement. However, the tree also had overhang and extended over the other property.

I had a ruling from the local court ordering me to remove the tree by 01.03.2020. I then cut down the linden in accordance with the ruling within the deadline. However, I was of the opinion, also due to the fact that my liability insurance would not pay for any further damages caused by the linden, that I was allowed to carry out the felling. It was a verdict from a German court!

No, according to the tree protection statute of the municipality I am not simply allowed to fell it. Therefore, I had to pay a fine of 168.50 euros for cutting down without approval. Typical Germany. Anyway, the felling permit would have cost just as much.

However, here one can clearly see how stupid German bureaucracy works. What if not a ruling of the local court entitles me more?

2021-10-03 21:47:23

and what would have happened if you had not received the felling permit

2021-10-04 07:38:07

Then the story would have become interesting

Here you can clearly see how stupid German bureaucracy works. What if not a judgment of the district court would authorize me more.

Separation of powers was experienced here. All correct.

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Tree on neighbor's property - need for action and possibilities?

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haydee

Joedreck

Durran

haydee

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