A legal dispute has arisen between two neighbors (AZ V ZR 234/19). On one property there is a 15 meter high black pine, whose branches and twigs extend to the neighboring property. The black pine has already been growing for 40 years, the branches have also been unfolding over the neighbor's property for 20 years. The latter is annoyed by the falling needles and cones and asks his neighbor to cut back the overhanging branches.
As the neighbor does not respond to the demand, the property owner, who feels discriminated against, cuts off the branches overhanging his property with his own hands. Thereupon, his neighbor files a lawsuit and demands that he refrain from cutting off the branches. The plaintiffs emphasized that the stability of the tree was thereby endangered. The lawsuit was successful before the competent district and regional courts. The Federal Court of Justice (BGH) overturned the action and referred it back to the lower courts.
According to the ruling of the BGH, the defendant property owner can make use of his right to self-help pursuant to Section 910 (1) of the German Civil Code. Also, the owner on whose property the black pine is growing has the responsibility to trim the branches and twigs in such a way that the neighboring property is not affected. The right to self-help can only be restricted if nature conservation regulations such as tree protection statutes or ordinances do not allow the tree to be trimmed.
Source: BGH
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