Trees at the property line can become a problem between neighbors if proper spacing is not maintained. The most important distances and laws relating to old stock and new planting can be found here.
In a nutshell
- The distance between the tree and the fence should be as large as possible
- Limitations of others should be avoided as a matter of urgency
- Laws are recorded in the Civil Code
- Neighbors can cut off branches that protrude beyond the property line
- Pedestrians must not be disturbed on sidewalks
distances
The distance required depends on various factors. Below:
- tree species
- size of the crown
- height of the tree
- Regulations in the respective federal state and residential area
- disturbance of the neighbors
- dangers from the tree
Apple tree on property line
In general, when it comes to the distance, the tree must not protrude beyond the property line. This could, for example, annoy neighbors or passers-by. Falling leaves are not only a nuisance, but also a potential hazard.
There are also other possible problems. Below:
- breaking branches
- windfall
- cast shadow
- bird droppings
- root
Tip: You are usually on the safe side if the distance to the border corresponds to the height of the tree. An additional root barrier can also prevent damage to paths or lawn curbs.
regulations
Sections 910 and 1004 of the German Civil Code (BGB) contain the basic regulations for trimming or removing a tree if it disturbs the neighbors. Otherwise, the municipality or the respective garden area must be inquired about. Because how large the distance must be depends, among other things, on the type and age of the tree and the region. A blanket statement can therefore not be made.
old stock
Depending on the region, different rules may also apply to existing trees. For example, it is possible that trees no longer have to be felled after five years. However, a blend can still be necessary and mandatory.
replanting
When planting new trees, many problems can be avoided if you take the right preliminary steps to keep the correct distances to the property line. These include, among others:
- Inform the responsible office: Since the specifications and rules differ even within the federal states, an inquiry should be made in any case. Permission may be required.
- property or not? If it is not your own property, the consent of the owner must also be obtained.
- Measure distance correctly: Some trees can reach enormous proportions. This does not only apply to the height and circumference of the crown. The roots are also spreading. A good guide is to use the maximum height of the tree as the distance. Even if the tree falls or parts of it break off, no damage can occur.
- Insert root barrier: Shallow-rooted trees can spread a root network larger than the circumference of the crown. Effective root barriers are therefore necessary to prevent damage to other plants, pipes and driveways or sidewalks.
Tip: Discuss with the neighbors whether a tree is desired at your desired planting site or whether it could become a problem. Because within the first five years, the owners of adjacent properties can request removal. Ideally, consent is given in writing.
frequently asked Questions
Can the neighbor trim my trees?Yes, under certain conditions this is perfectly legal. However, the neighbor must first set a reasonable deadline so that you can carry out the cutting yourself. In addition, he may keep the branches and any fruit on them.
Do I need a permit to plant a tree?This is not necessary in every case. However, to be on the safe side, find out beforehand to avoid problems. Especially in garden clubs or densely populated areas, stricter rules regarding height, type and spacing often apply.
When does a tree have to be felled?This is generally necessary when it represents a danger. Very old and large trees can be rotten or break and fall over during thunderstorms, storms and snow. Even uprooting is possible. However, broken branches are more common. This can result in significant costs.