German courts rule on boundary tree and hedge disputes

Two separate legal cases in Germany have addressed disputes regarding vegetation located on or near property boundaries.

In Munich, the District Court ruled that a property owner must tolerate a 12-meter-high hedge consisting of spruce and thuja plants that have grown for decades. The court addressed a situation where a neighbor attempted to unilaterally hire a company to prune branches that had crossed the property line. The judges characterized this unauthorized action as an infringement on the property owner's rights, noting that the neighbor could not simply act on their own to remove overgrowth.

In Regensburg, the District Court dismissed a lawsuit by a homeowner seeking to force a community of owners to permit the removal of a 60-year-old oak tree located on a property boundary. While German law typically allows for the removal of boundary trees, the court utilized a judicial balancing of interests to favor the preservation of the tree. The ruling cited climate protection and heat mitigation as essential health protections and constitutional goals. The plaintiff has filed an appeal with the Regensburg Regional Court.