If an owner builds a pool on his property and the leaves of 90-year-old oak trees fall into it from the neighboring property, he cannot demand cost sharing from the neighbor due to the increased cleaning effort. This was decided by the Frankfurt am Main Higher Regional Court (AZ: 19 U 67/23).
In the present case, the plaintiff had purchased her property in 2016, built an uncovered pool and demanded a monthly leaf rent of 277.62 euros from the neighbor due to the acorns and oak leaves falling into the pool, among other things.
Although the court found that the pool was "significantly impaired by the increased cleaning effort", this did not exceed "the reasonable extent of an impairment to be accepted without compensation". In addition, the plaintiff could have expected leaves to fall into the pool even before it was built.
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