Tree dispute in Kassel: Neighbor fights against Ebereschen and law

Tree dispute in Kassel: Neighbor fights against Ebereschen and law

in Kassel, an 83-year-old man has been plagued by the overhanging branches of two Ebereschen from the neighboring garden in Wehlheiden for years. The pensioner Rainer Hamenstädt has campaigned crucially to trim these trees because they not only burden his garage roof, but also cause damage. The mobile harvest of the Eberesche is not only a question of cleanliness, but also has serious structural consequences for its garage. In the summer of 2023 there was even damage caused by falling branches. But the solution to his problem seems far away.

Rainer Hamenstädt has tried several times to reach an agreement with the owners of the trees, the united residence. However, his efforts were largely unsuccessful. "So far, they have made a maximum of smaller branches," he says resigned. He was advised against the attempt to use legal process. This did not happen without costs; Expert trips to the high five -digit range should continue the legal dispute. The desperate pensioner literally feels expropriated in his apartment, but does not give up the struggle for his right.

Legal dispute over tree protection statute

The core problem that Hamenstädd and the United residence separates are the different opinions on the applicable law. According to Hamenstädt, self -help from the bourgeois law, paragraph 910, will grant him the right to remove outstanding branches without permission, provided the trees do not die. The residence, on the other hand, refers to the Kassel tree protection statute, which prohibits such unauthorized measures. According to these statutes, tree felling and cutting measures for certain tree species must be applied for in advance from the city of Kassel. At the latest here the conflict is obvious.

The tree protection statute stipulates especially for deciduous trees such as the whine that they may only be circumcised under certain requirements. For example, a maximum average of only ten percent of the crown volume is allowed, which Hamenstädt may severely limit its freedom of action. A violation of this can result in serious financial consequences, with fines of up to 100,000 euros. "Urban tree protection statutes are basically about neighboring law claims," explains the Kassel lawyer Jürgen Eichel.

The United residence stood the situation to comment on the matter on request, which further complicated the project of Hamenstädt. After all, he has shown over the years that the situation is serious; Despite his age, he regularly climbs to the roof of his garage to remove the fallen leaves from the trees. A tedious and exhausting process that shows the physical limits of time. Hamenstädt would like an independent solution, but the path it has taken was hindered by adverse circumstances.

legal challenges and possible alternatives

Another important point in this argument is whether the Federal Constitutional Court will play a crucial role in this matter. If Hamenstädt can prove that the trees endanger its structure in a binding way, there could be a precedent that could have far -reaching effects on similar disputes with neighbors and their trees.

A flat can be advised to tackle conflicts about trees or hedges at first factually and prudently. The walk to an arbitration office can be a good first step before it leads to a lengthy legal dispute. Neighbors should keep friendships and look for solutions - because it is often the small problems that can lead to great conflicts in the long term.

legal situation in Hesse and the tree protection statute

The tree protection statute in Kassel is part of the more comprehensive environmental and nature conservation law that is regulated in Hesse and throughout Germany. The statutes aim to promote the preservation of trees and to maintain biodiversity in urban areas. Such regulations can vary from city to city, whereby the focus is often on the protection of old and protected trees.

in Hessen is a tree from a trunk circumference of 80 cm at a height of 1 meter. This regulation emerged from the realization that old trees not only represent habitat for many animal species, but also play an important role in the city climate. Therefore, the reduction of green areas and the fall of trees is regulated to protect the urban environment and the ecosystem. The Hessian Tree Protection Ordinance, which forms the basis for such statutes, is an important instrument for protecting nature.

future changes in tree protection legislation

The legal framework in terms of tree protection could experience changes in the future. Many municipalities are currently striving to find a balance between individual property and ecological requirements. The topic is also being discussed intensively at the political level and in environmental associations.

An aspect that increasingly focuses on is the need to adapt urban greening strategies to climate change. The preservation and maintenance of trees are increasingly facing challenges from heat, diseases and pests. Therefore, an adaptation of the tree protection statutes could be necessary in order to meet both the individual needs of the property owners and the climatic requirements.

neighborhood law conflicts and their solutions

Conflicts in neighborhood law are not unusual in Germany and can be attributed to a variety of reasons, such as property boundaries, tree heights and noise development. In many cases, it is recommended to search for the dialogue with the neighbors or to receive support at placement centers such as arbitration office before the legal process is followed. In this way, lengthy and costly legal proceedings can often be avoided.