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Black pine (symbol image)
Photo: Patrick Pleul / dpa
The Federal Court of Justice (BGH) in Karlsruhe has dealt with a neighborhood dispute over a black pine.
The branches of the 15-meter-high tree have been protruding from the neighboring property for at least 20 years, which bothered the neighbor so much because of falling needles and cones that he cut off branches.
The tree owners then went to court (
Az. V ZR 234/19
).
They require the neighbor not to cut any overhanging branches more than five meters high.
This endangers the stability of the jaw.
They had success with it before a Berlin district court and the Berlin regional court.
Neighbors are allowed to cut off protruding branches, it was said to justify - but only in the event of direct impairment and not in the event of falling needles or cones.
According to the BGH, however, this case law is now outdated.
The BGH itself decided in June 2019 that fallen needles or cones from overhanging branches can also be a relevant impairment.
Now the question arises whether this right to self-help also applies if the tree could lose its stability due to the cutting of the branches.
The verdict is due to be pronounced on June 11th.
Icon: The mirror
wit / AFP / dpa