Who is responsible for the trees? Neighbor's fence behind the boundary

Hello forum,

we had to buy an access road to the property, but the neighbor’s fence boundary is not on the border according to the cadastre (see picture)



yellow: neighbor’s fence
red: border
green: trees

The trees are now not separated and the area not properly fenced is also used by us.

Who is responsible for the trees in case of damage? Does it matter how/where the fence stands?

Thank you very much

The trees are on the neighbor's property, so it's his business. He can basically also run the fence across his property without this creating any responsibility on your part for the trees.

and the area that is not properly fenced is also used by us

So you are using your neighbor's property. With their consent? Then tree maintenance (regardless of the legal situation) might be a nice gesture on your part.

You are thus using your neighbor's property. With their consent? Then tree maintenance (regardless of the legal situation) might be a nice gesture on your part.

However, the question does not seem to have been asked about maintenance, but about the law in case of damage. According to the drawing, they belong to the neighbor, so he is obliged to settle (or his insurance) in case of damage.

Thank you. That is what it is about. It is currently maintained by us but in case of damage, I want to avoid any discrepancies. - The neighbor has had this fence for over 20 years -

The question doesn’t seem to have been asked about the care

The question was already answered in #2. Sometimes, however, it helps neighbors not to look only at the legal aspects.