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It’s legal to trim your neighbour's tree (even if he doesn't want you to), Germany’s highest court rules

The Local Germany
The Local Germany - news@thelocal.de
It’s legal to trim your neighbour's tree (even if he doesn't want you to), Germany’s highest court rules
A spruce tree. credit: dpa-tmn | Andrea Warnecke

The Federal High Court (BGH) is used to dealing with some of the most high-profile crimes in the country. But on Friday it announced its ruling on a rather different deliberation - whether it is permissible to trim branches hanging over into one's garden.

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Anonymous 2021/06/13 10:22
Yet another example of bad neighbourliness leading to legal action, which in the end will probably cause the tree to suffer as a result of unneccessary or unstructured work. Consequently, so will many more trees suffer, as this will set a bad legal precedent if not moderated correctly by law. As an arborist, I see examples like this all the time, everyone claims to care about their trees but they care about their property and legal rights (i.e. being in the right), far far more. Whether the tree suffers or is destabilised, or not, will depend upon the species, age and location of the tree. A far better solution is to agree between neighbours what should be done and who will pay (usually split between both). Sadly far too many prefer to call the police on their neighbour and wait to be completely vindicated, yet the consequences are usually far worse for nature. The result, a lot of antiseptic, nature-free gardens with rigid legal and natural borders that do no good for nature at all. The price of being in the right.

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