Justitia statue (archive image): The Roman goddess of justice
Photo: Arne Dedert / picture alliance / dpa
A walnut tree growing on the neighboring property does not have to be cut back immediately if it dies as a result.
That was decided by the regional court in Koblenz in Rhineland-Palatinate in a legal dispute between two neighbors, as the court announced on Thursday.
Accordingly, it is sufficient to gradually cut back the branches hanging over the property line over several years - and thus shorten the tree to the agreed height.
According to the court, the two neighbors had already agreed in 2015 that the tree owner should cut the overhanging branches.
However, he did not comply with this agreement, which is why his neighbor took legal action against him in 2018.
On the one hand, the fruits and leaves falling from the tree bothered him.
On the other hand, the walnut tree casts shadows on its pool.
During the legal dispute, the defendant removed part of the overgrowth and cut back the tree.
However, that wasn't enough for his neighbor.
The tree owner objected that the tree had already suffered from the last cut and would die if it were cut again.
The court instructed the tree owner to remove the overgrowth on the neighboring property "without restriction".
The pollution of the pool by walnuts and leaves as well as the shadow cast represented a not inconsiderable impairment.
Contrary to the agreement between the two neighbors, however, the court found that the tree did not have to be cut back immediately, otherwise it would die.
In fact, this would be tantamount to removing the tree, to which the complaining neighbor was not entitled.
In addition, the tree enjoys grandfathering due to its age.
The judgment is final.
wit / AFP