Is there anything nicer than enjoying the sun in the garden? It's annoying when the neighbor's trees are so big that hardly any sunrays get through to you. But what can you do if the trees on the neighboring property are too high? We'll enlighten you.

In a nutshell

  • Boundary distance regulated in state laws
  • Right to removal expires
  • Prospect of removal only in case of severe impairment

When is a tree too tall?

When a tree is considered too tall is not uniformly regulated in Germany. However, the individual federal states set rules for neighborly coexistence. The neighboring rights laws of the individual state laws also regulate the distance at which a plant must be located from the neighboring property. The required limit height depends on the height of the crop. The exact dimensions vary from state to state. In Saxony, for example, a maximum distance of 2 meters is required, while in Baden-Württemberg it can even be 8 meters. The exact limit distances can be found in the respective legal norms. In general, the higher and more expansive the trees, the greater the distance to the neighboring property must be.

The exact distances to the neighboring property are regulated in the state laws.

Notice: This text does not constitute legal advice. It merely summarizes information about legal regulations. To be on the safe side, consult an expert before any steps.

statute of limitations

If the trees on the neighboring property are too tall, the neighbor can initially assert claims to have them cut back or removed. However, this claim is time-barred. The statute of limitations is in turn regulated by the state laws. It varies between 2 and 6 years, but is usually around 5 years. This is a binding cut-off period. Once it has gone out, the trees on the neighboring property can no longer be removed. If you buy a property that already has large trees, you buy the expired period at the same time. The trees can no longer be removed even if the owner changes.

Notice: The time at which the period begins is regulated differently in the state laws. Sometimes the time of planting applies, sometimes the time when the maximum height was exceeded.

What to do if the trees are too tall?

If you have checked the legal situation and found that the legal requirements have not been complied with, you have the following options:

  1. ask the neighbor to cut back in a friendly conversation
  2. If you don't understand, seek legal advice
  3. insist on a sock in court
Talk to your neighbors first. Together you will surely find a solution.

Tip: Also talk to your neighbor if he has complied with all legal framework conditions. He may still cut the trees back a bit out of kindness.

Legal Action

If no out-of-court agreement can be reached, you can generally assert the establishment of the prescribed distance. Nevertheless, this does not automatically mean that the tree should be pruned back. You only have a right to a pruning if your own property is significantly impaired in use according to § 906 Para. 2 Clause 1 BGB and § 1004 BGB. Whether there is a significant impairment depends on the individual situation. The following situations are examples:

  • ordinary activities such as reading or playing are only possible with artificial light
  • Significant dangers to the security or the existence of the building (incl. solid evidence)
  • tree completely crooked

If the points apply, you can obtain permission to trim the trees on the neighboring property. However, if all legal regulations have been complied with, a pruning is hardly achievable.

That is allowed

In some cases, it is not even necessary to remove the entire tree. You can also do some things yourself against trees that are too big. This includes about

  • Removal of tree roots growing on your property (§ 910 BGB)
  • Cutting off overhanging branches from the border
  • in dangerous situations and after repeated requests to independently remove the source of danger
You can cut off overhanging branches under certain conditions.

However, before you act on your own, you must give your neighbor a reasonable period of time to remove it. In addition, an actual impairment of your property is a prerequisite for your action. This includes, for example, that you cannot set up a swing as planned because of the overhanging branches. Falling leaves and seeds, on the other hand, count as normal and therefore usually do not represent a significant impairment. However, as soon as there are fallen leaves on your property, you are now also responsible for removing them.

Notice: Consult a lawyer beforehand. In the worst case, you face consequences if you unintentionally remove too much.

frequently asked Questions

What if I don't know where the line is?

Find out more from the surveying or cadastral office. If necessary, your property will then be re-measured.

How is the handling of boundary trees regulated?

Boundary trees are owned equally by both parties. They are therefore both responsible for the cut and have to come to an agreement. An exception is if the parties agree that one person affected is entitled to the tree alone.

Can I eat fruit from my neighbor's tree if the branch is on my property?

Not as long as the fruit is hanging on the tree. During this time, the fruit belongs to the person whose property the tree is on. This can get the fruit with a special picking device. As soon as it falls, it is considered windfall and then again belongs to the person whose property it is on. So once the fruit is on your property, it's yours.

Category:

Garden maintenance