Tall trees block the light: when you can demand pruning

Shade from the neighbor's trees is annoying, but not always a legal violation. Mere light deprivation or shade as a rule has to be accepted. A claim to pruning exists above all when the tree violates the boundary distances under state law or when shading quite considerably exceeds a reasonable level.

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Your chances of getting your money back

There is in principle no general 'right to light and sun' in neighbor law. Mere shade from properly planted trees usually has to be accepted.

If the tree does not maintain the boundary distance prescribed under state law, you can demand pruning or removal, within the respective time limits. In extreme exceptional cases ('total shading') a claim can also come into consideration otherwise.

What you should do now

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1. Check the boundary distance
Clarify whether the tree maintains the boundary distance under state law for its height, this is the most important lever.
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2. Document the impairment
Record the shading (photos at different times of day/seasons).
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3. Speak with the neighbor
Seek a conversation and propose an amicable pruning.
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4. Check the claim
In the case of a boundary-distance violation, demand pruning in writing; observe exclusion periods and nature-conservation closed seasons.

How to spot the scam

The tree exceeds the permitted height for its boundary distance.
The shading is nearly complete (extreme exception).
The planting was done a long time ago (exclusion period).

Frequently asked questions

Do I have a right to sun in my garden?

There is in principle no general right to unobstructed light in neighbor law. You have to accept mere shade from properly planted trees as a rule.

When can I demand pruning?

Above all when the tree violates the boundary distance prescribed under state law for its height. Then you can demand pruning or removal within the prescribed time limits. In extreme exceptional cases with nearly complete shading, a claim can also exist otherwise.

What about old, long-standing trees?

If the planting was long ago, a claim based on the boundary distance may be lost due to the expiry of the exclusion period. In addition, older or large trees are often under the protection of municipal tree-protection statutes. Check both before you demand pruning.

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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.