Trees on the neighboring property are too tall?

When is a tree too high?

In general, the taller and more expansive the trees are, the greater the distance must be from the neighboring property. The minimum distance to the property line depends on the maximum tree height. The regulations regarding how high the tree can be are not generally valid. In most regions, however, a plant that is at least 3 meters from the property line can be up to 15 meters high. At a distance of 8 meters from the border, they can grow even higher. The type of plant may also play a role. There may be different regulations for the respective plant species, because some grow faster and more extensively than others. Special regulations then apply to these.

Protection of trees

However, a claim for pruning or even felling of the tree can also become time-barred. The limitation period is regulated by the respective state laws. It is usually around 5 years. This is a binding exclusion period, because once it has expired, the trees on the neighboring property can no longer be removed. If you buy a property that already has large trees, you are purchasing the expired period at the same time. The trees can no longer be removed even if ownership changes. You then have inventory protection. In any case, most courts generally rule in favor of the tree in such disputes.

What about property boundaries?

A tree that is directly on the property line usually belongs to both property owners. If you want to cut it back or cut it down, you must also obtain the neighbor's consent, otherwise he will be entitled to compensation from you.

The same applies to branches that extend directly onto your property from your neighbor. You must first give him the opportunity to prune the tree himself within a reasonable period of time. If he doesn't respond despite being asked twice and there is a concrete danger, according to current case law it is legal for you to cut off the branches yourself.

The trees in the neighboring garden are too tall - what can you do?

Before you immediately consult a lawyer, check the legal regulations first. Neighborly coexistence is regulated in the neighboring laws of the individual federal states. Each country has its own laws and regulations regarding the permitted height of growth, the distance to the neighboring property and mandatory pruning. According to Sections 905ff of the German Civil Code (BGB), the requirement of mutual consideration applies to everyone. Everyone should keep an eye on ensuring that their neighbors are not disturbed too much by trees or bushes because, for example, they cast such a large shadow that the neighboring garden no longer has any sun gets it. Check with your city or municipality to find out the regulations that apply to you. The following are steps you could follow:

1. Even if you are crystal clear in the right, you should not immediately threaten your neighbor with a lawyer. There are other ways to be a good neighbor that you should take beforehand.
2. Find the conversation first. Disagreements between neighbors can often be nipped in the bud beforehand. A peaceful compromise is always the best agreement and promotes harmonious coexistence.
3. Get an arbitrator. There is one in every community. Just ask. This helps to find an out-of-court solution and to mediate diplomatically between the parties. The arbitrator works absolutely impartially and cost-effectively.
4. Unfortunately, if the neighbor has no understanding at all, going to a lawyer is often unavoidable. If he doesn't respond to his letter, a court will decide what happens to the trees.

Tree heights and distances to neighboring properties are regulated differently from state to state. If your neighbor violates these regulations and the trees are too high, then first seek clarification with your neighbor. Give him a deadline so he can take care of it himself. Only if none of this works should you go to a lawyer. However, a good compromise is always preferable in the spirit of good neighborliness.