Ina Ree­se Tax & Legal Prac­ti­ce – Flens­burg | Harrislee

Hedges, branches and trees on the property boundary: what neighbourly law actually permits

Hedges, branches and trees on the property boundary: what neighbourly law actually permits

The­re is hard­ly any other issue that cau­ses dis­pu­tes in neigh­bour­hoods quite as relia­bly as trees, hedges and over­han­ging bran­ches. Anyo­ne who sim­ply rea­ches for the hedge trim­mer wit­hout kno­wing the legal rules risks get­ting into trou­ble. An over­view of the most important regu­la­ti­ons and recent court rulings.

Seasonal restrictions under the Nature Conservation Act

First of all, an important basic rule: from 1 March to 30 Sep­tem­ber, hea­vy pru­ning or the rem­oval of hedges, living fen­ces, bus­hes and other woo­dy plants is strict­ly pro­hi­bi­ted. The Fede­ral Natu­re Con­ser­va­ti­on Act pro­tects bree­ding birds and other ani­mals during this peri­od. Anyo­ne who brea­ches this rule may face a hef­ty fine. From Octo­ber onwards, more exten­si­ve pru­ning is per­mit­ted again, pro­vi­ded that the other legal requi­re­ments are met.

A tall hedge – no right to have it trimmed?

Sur­pri­sing, but legal­ly clear: in many fede­ral sta­tes, a hedge is allo­wed to grow as tall as it likes, pro­vi­ded the pre­scri­bed boun­da­ry distance is main­tai­ned. In July 2026, the Hig­her Regio­nal Court of Frank­furt am Main ruled in a dis­pu­te over a seven-met­re-high bam­boo hedge that the neigh­bour in Hes­se had no right to demand that it be cut back. The court also made it clear that bam­boo is con­side­red a hedge in the legal sen­se (Frank­furt am Main Hig­her Regio­nal Court, jud­ge­ment of 1 July 2026, ref. 17 U 132/22).

Where is the height measured?

If a plant is situa­ted on a plot of land that is hig­her than the neigh­bou­ring plot, the ques­ti­on ari­ses as to the level from which the per­mis­si­ble height is mea­su­red. The Fede­ral Court of Jus­ti­ce has ruled on this mat­ter: as a gene­ral rule, the point at which the plant emer­ges from the ground is decisi­ve. The level of the neigh­bou­ring plot, which is lower, is only rele­vant in excep­tio­nal cases (Fede­ral Court of Jus­ti­ce, jud­ge­ment of 27 June 2025, ref. V ZR 180/24).

Shade cast by trees is something we have to put up with

The Ger­man Civil Code does not con­tain any gene­ral rules on boun­da­ry distances for trees and shrubs; such pro­vi­si­ons are set out in the laws gover­ning neigh­bour­ly rela­ti­ons in the indi­vi­du­al fede­ral sta­tes. Bre­men, Ham­burg and Meck­len­burg-Wes­tern Pome­ra­nia do not have their own regu­la­ti­ons in this regard. As a gene­ral rule, anyo­ne who has to tole­ra­te sha­de cast by a neighbour’s trees has no legal right to have them pru­n­ed or fel­led if the boun­da­ry distances sti­pu­la­ted under sta­te law are obser­ved. The Fede­ral Court of Jus­ti­ce (BGH) has con­firm­ed this line of reaso­ning on seve­ral occa­si­ons (BGH, jud­ge­ment of 20 Sep­tem­ber 2019, ref. V ZR 218/18; BGH, jud­ge­ment of 10 July 2015, ref. V ZR 229/14).

Overhanging branches: Self-help only after a deadline has been set

If bran­ches are han­ging over onto your own pro­per­ty, you must not sim­ply cut them off. You must first ask your neigh­bour to cut them back them­sel­ves, set­ting a reasonable dead­line for them to do so. If the neigh­bour fails to respond, Sec­tion 910 of the Ger­man Civil Code (BGB) per­mits you to cut them back yours­elf, even if this could result in the tree dying (Fede­ral Court of Jus­ti­ce, jud­ge­ment of 11 June 2021, ref. V ZR 234/19). Con­ver­se­ly, unpro­fes­sio­nal pru­ning can pro­ve cos­t­ly: a Regio­nal Court award­ed a pro­per­ty owner 750 euros in dama­ges becau­se his orna­men­tal cher­ry tree had been dama­ged (Coburg Regio­nal Court, jud­ge­ment of 9 June 2006, ref. 33 S 26/06).

Limitation periods and the duty to ensure public safety

Anyo­ne who waits too long may lose their right to cla­im: the Fede­ral Court of Jus­ti­ce (BGH) has ruled that the right to have over­han­ging bran­ches pru­n­ed is sub­ject to the stan­dard three-year limi­ta­ti­on peri­od (BGH, jud­ge­ment of 22 Febru­ary 2019, ref. V ZR 136/18). Regard­less of any dis­pu­tes with neigh­bours, pro­per­ty owners must regu­lar­ly check their trees for sta­bi­li­ty and health. Anyo­ne who brea­ches this duty of care and who­se tree con­se­quent­ly cau­ses dama­ge is lia­ble for it. In the case of storm dama­ge, howe­ver, lia­bi­li­ty only appli­es if it can be pro­ven that main­ten­an­ce was neglected.

As neigh­bours’ rights are hea­vi­ly depen­dent on the laws of the respec­ti­ve fede­ral sta­tes, it is advi­sa­ble to seek legal advice in the event of spe­ci­fic dis­pu­tes in order to cla­ri­fy the regu­la­ti­ons appli­ca­ble in each indi­vi­du­al case.

This post and the accom­pany­ing image were crea­ted with the help of AI and have been edi­to­ri­al­ly reviewed.

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