Branches above the property line

Branches that protrude beyond the property line are often the cause of bitter neighborhood disputes.

Planting at the property line

• If you intend to plant trees along the property line, you need to think about the right spacing when digging the planting holes. In this way you avoid violating the regulations in your federal state on boundary distances and having to transplant the young trees at the request of your neighbor.
• Remember that trees grow every year and you will probably live in your house for many years to come. You will avoid a dispute with your neighbor later if you always cut back branches regularly so that they do not grow beyond the property line from the start.
• Even if you buy a house with mature trees, you have obligations towards your neighbors. He cannot always demand that you cut back the branches above the property line. However, you may need to compensate for damage caused by these branches.
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• Always ensure that branches from your side of the property do not grow beyond the property line in such a way that they damage the wall of the house next door. Also, the branches should not hang over the gutter and clog it with leaves and needles. In addition to a legal obligation, this also promotes a good neighborhood.


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branches from the neighboring property

• Branches don't grow far beyond the property line overnight. As soon as you notice them encroaching on your property, notify the neighbor that a trimming is required and insist that it be done. If your neighbor doesn't respond, assert the claim in court.
• If you are too patient, depending on the deadlines in the state regulations, you may lose your right to a pruning. A period of five years is usual. After that, you have to tolerate the branches and you should avoid this at all costs.
• You may collect fallen fruit that falls onto your property from the neighboring tree, but branches above the property line still belong to your neighbor. While it's a nuisance, leave the chainsaw in the tool shed and don't just saw off those branches.
• If you missed the deadline, have a claim for compensation checked. For this, the branches must cause an unreasonable impairment, which severely restricts your use of the property. If your plot of land becomes unusable as a garden with needles and cones in a larger area, your Neighbor at least responsible for cleaning the area along the property line.
• If the trees have reached a great height, you will usually have to accept the interference from branches above the property line. Many courts then assume that really tall trees are already in the airspace above the property and are to be tolerated.

Branches that protrude beyond the property line are often a fact that can no longer be prevented, which is why you should have them removed as early as possible.