Quarrel among neighbors: Kiefer causes a lot of trouble – the court reaches an important verdict

Karlsruhe / Berlin –

When the neighbors’ branches sprawl over the property line – that can be extremely annoying. But what can you do? Just cut off? Now the Federal Court of Justice (BGH) has taken on the matter and pronounced a judgment.

  • Federal Court of Justice (BGH) makes an important judgment
  • Neighbor is allowed to cut off overhanging branches
  • It’s about the right to self-help

A neighbor is allowed to cut branches from a tree that protrude into his garden. This is true even if a tree could die as a result.

The Federal Court of Justice (BGH) confirmed on Friday (June 11) the right to self-help provided for in the civil code in such a case (Az. V ZR 234/19).

BGH judgment: Neighbor is allowed to cut off overhanging branches

He overturned a judgment of the Berlin Regional Court and referred it back for renegotiation. The BGH also emphasized that the right to self-help could be restricted by nature conservation regulations, such as tree protection statutes.

This defeated a property owner before the highest German civil court who had resisted having his jaw trimmed by his neighbor. He had argued that the tree would then no longer be stable or could even die.

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There are always neighborhood disputes that often end in court.

The focus of this legal dispute was a four-decade-old black pine in Berlin, the branches of which have long protruded onto the neighboring property. (mt / dpa)

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