Roots of the neighbor's tree: damage to wall, pipe, and paving

Roots that grow over from the neighboring property and impair your property may, under certain conditions, be removed by you yourself, similar to overhanging branches. If the roots cause damage to walls, paths, or lines, claims for removal and damages additionally come into consideration.

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Your chances of getting your money back

Roots that have penetrated and impair the use of your property may be removed by you yourself after an unsuccessful deadline (self-help right analogous to § 910 BGB), properly and observing nature conservation.

If the roots cause damage (lifted paving, cracked wall, damaged line), removal and damages come into consideration. But make sure that by cutting you do not endanger the stability of the tree.

What you should do now

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1. Establish the impairment
Document how the roots impair or damage your property (photos).
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2. Ask the neighbor
Ask the neighbor in writing to remove the penetrated roots, with a deadline.
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3. Self-help with judgment
After the deadline expires, you may remove the roots at the boundary properly, without endangering the stability of the tree and observing closed seasons.
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4. Assert the damage
In the case of incurred damage, assert removal and damages and secure evidence.

How to spot the scam

Roots lift your paving or clog/damage lines.
An improper cutting would endanger the stability of the tree (liability risk).
The tree is under a municipal tree-protection statute.

Frequently asked questions

May I remove ingrown roots myself?

After an unsuccessful deadline set for the neighbor and only if the roots impair the use of your property, you may remove them at the boundary properly (self-help right, comparable to § 910 BGB). Observe nature conservation and tree-protection statutes.

What if the roots have caused damage?

Then, besides removal, damages claims also come into consideration, for example for lifted paving, cracked walls, or damaged lines. Document the damage and its cause, ideally with photos and, if applicable, an expert opinion.

What do I have to watch out for when removing?

Cut only the penetrated roots at the boundary and do not endanger the stability of the tree, otherwise you can become liable for damages toward the neighbor. Also observe closed seasons and any municipal tree-protection statute.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.