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