Branches and fruit from the neighbor's tree: what may you do, what not?

If branches of the neighbor's tree extend onto your property and impair its use, you can ask the neighbor to remove them. If they do not help within a set deadline, you may cut the overhanging branches yourself under certain conditions. A separate rule applies to fruit.

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If overhanging branches impair the use of your property, you can cut them yourself after an unsuccessful deadline (right of self-help, § 910 BGB), subject to nature conservation and protected periods.

Fruit that falls by itself from the overhanging branch onto your property is deemed to be yours (§ 911 BGB). However, you may not actively pick it from the neighbor's tree.

What you should do now

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1. Check the impairment
Do the branches actually impair the use (shade, damage, obstruction)? A mere crossing of the boundary is not always enough.
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2. Ask the neighbor
Ask the neighbor in writing to remove the overhanging branches by a certain date.
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3. Observe protected periods
Mind nature conservation: stronger pruning is often only permissible outside the growing/breeding season.
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4. Self-help after the deadline
If the neighbor remains inactive, you may cut the overhanging branches properly at the boundary.

How to spot the scam

You cut immediately without first setting the neighbor a deadline.
The pruning would fall within a protected period.
Too strong a cut endangers the stability of the tree (liability risk).

Frequently asked questions

May I simply cut overhanging branches?

Only after an unsuccessful deadline set for the neighbor and only if the branches impair the use of your property (§ 910 BGB). Observe nature conservation and protected periods and cut only the overhanging parts at the boundary.

Who does the fruit that falls over belong to?

Fruit that falls by itself from the overhanging branch onto your property belongs to you (§ 911 BGB). However, you may not actively pick the fruit on the neighbor's tree: that would not be covered by the rule.

What if the tree is harmed by the cut?

If you cut improperly and damage or endanger the tree, you can become liable for damages. Cut only the overhanging parts properly and observe protected periods. In case of doubt, hire a specialist firm or settle it amicably.

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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.