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Emergency

Trees and hedges at the boundary: what is the neighbor allowed?

Branches hang over the fence, roots lift your terrace, the hedge shades the garden? In neighbor law there are clear rules on boundary distances and on dealing with overhang. You do not have to put up with everything.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

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Your chances of getting your money back

How close trees and hedges may stand to the boundary is regulated by the states' neighbor-law acts (boundary distances depending on height and type). If they fall short, you can, within the applicable deadline, demand removal or a cutback.
If branches or roots reach onto your property and disturb you, you can ask the neighbor to remove them and, after a fruitless deadline, remove them yourself (right of self-help, § 910 BGB).

What you should do now

  1. 1

    1. Check the situation

    Is it about too small a boundary distance, an overhang of branches or roots, or shading and leaves? Your claim depends on that.

  2. 2

    2. Address the neighbor

    Speak to the neighbor and ask for a cutback or removal, ideally in a friendly way and in writing, with a deadline.

  3. 3

    3. Mind the deadlines

    Claims for removal due to too small a distance are often tied to (cutoff) deadlines. Do not wait too long.

  4. 4

    4. Self-help for overhang

    If you remove overhanging branches yourself, announce it beforehand with a deadline and cut properly (not extensively during the bird-breeding season).

Frequently asked questions

May I cut off the neighbor's overhanging branches?

Yes, under conditions: if overhanging branches disturb you and the neighbor does not remove them despite a deadline, you may remove them yourself (§ 910 BGB). Cut properly and observe nature-protection and breeding periods.

Which distance applies for trees to the boundary?

That is regulated by the neighbor-law acts of the individual states; the distances depend on the height and type of the plant. Check the neighbor-law act of your state; if the distance falls short, a (deadline-bound) claim for removal may exist.

Take action now

We put together the ready-made texts and the right places to contact for you.

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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.