A dispute over a cypress tree on the property boundary of two neighbors in Trudering recently occupied the Munich District Court (case no. 155 C 10864/18). The roots of the cypress tree, which stands on the defendant's property, are said to have lifted the neighbor's garage foundation. The door could hardly be opened. Cracks had also appeared in the side wall of the garage. The neighbor (plaintiff) therefore demanded the removal of the cypress tree.
The defendant then applied for the case to be dismissed. He pointed out that the plaintiff's garage did not have sufficient foundations to withstand the roots. In addition, the root system of the cypress tree was already decades old and had not just developed in the last three years. He was therefore of the opinion that a so-called plea of limitation applied. However, the Munich District Court heard an expert and ruled in favor of the plaintiff.
According to the expert, the damage to the garage is actually caused by the roots. The defendant must therefore remove the cypress tree without removing the rootstock. This is because the removal of the rootstock could potentially impair the stability and road safety. The plea of the statute of limitations could not be raised either, as it was not possible to determine a certain point in time when the damage occurred.
Source: justiz.bayern.de AZ: [155 C 10864/18 (AG Munich), 14 S 7742/22 (LG Munich I)]
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