Tree dispute in Kassel: Neighbor fights for his property

Tree dispute in Kassel: Neighbor fights for his property

In Kassel, a conflict between neighbors, which has been smoldering for years, causes discussions about the legal framework of tree protection. An 83-year-old, Rainer Hamenstädt, sees considerable complaints with two large boars that stand on the property of the United Living facilities. These trees protrude over his property and are not only a annoying source of falling leaves, but also potential sources of danger.

Hamenstädt, who until recently climbed onto the roof of his garage in order to free the drainage of leaves, says that these trees could hardly be handled in autumn. In addition to the constant decline in decline in drains, there is even damage when branches fall off the tree. An uninvited visit: In June 2023, a storm led to the large tree causing some minor damage to the garage. But that's not all. In the meantime, one of the roots of the Eberesche of his garage is causing a trimming, which leaves cracks in the masonry.

legal discussion

The Hamenstädt case raises important questions regarding the application of neighboring law and the Kassel tree protection statute. The pensioner initially tried to find a mutual solution with his neighbors, but found that only smaller branches were removed. The next step led him to the court, where he was advised to pursue the procedure. "It felt like a kind of expropriation," Hamenstädt describes his experiences. The courts pointed out that expert reports in the five -digit area could come to him, which ultimately caused him to get into a legal gray area.

A central element of the legal dispute is self -help law, which is anchored in paragraph 910 of the bourgeois code and would allow Hamenstädt to remove the outstanding branches independently, as long as this does not lead to the trees. However, the united residence rely on the Kassel tree protection statute, which prohibits such authorized measures.

The tree protection statute in focus

The tree protection statute in Kassel puts certain trees under protection if they exceed certain standards: deciduous trees are protected from an extent of 80 centimeters in one meter height. So far, the residence facilities have become uncooperative and have not responded to inquiries after a statement. Attorney Jürgen Eichel, who specializes in real estate and neighboring law, makes it clear that municipal tree protection statutes have priority to neighboring law claims.

There are also serious legal consequences to consider. A disregarded tree protection statute could result in punishments of up to 100,000 euros for the United Residence. In this legal area of tension, everyone involved seems to face a complex challenge: trying to find a solution that takes into account both the interests of the neighbor and the protection of the trees.

For citizens who are in similar conflicts, the walk to the arbitration office is recommended before legal steps are taken. A meditative discussion could often lead to better solutions than the escalation in court.

In the case of Rainer Hamenstädt, it remains to be seen whether he can find a way out of his predicament. The conflict offers an urgent insight into the challenges of neighboring law and the influence of local regulations on the individual property.

relevant tree protection laws in Germany

tree protection statutes in Germany play an important role in the preservation of urban and rural green areas. However, these local laws differ greatly depending on the federal state and the municipality. In Hesse, for example, there are specific guidelines that regulate the handling of protected tree species. The Kassel tree protection statute protects certain tree species based on its trunk circumference and ensures that the decision -making processes for tree felling and cuts are transparent to promote biodiversity and to avoid ecological damage.

Federal law also offers a framework, whereby the Civil Code (BGB) enables self -help law in § 910 as long as the actions do not cause the tree. It is important to note that in the event of a conflict, the local tree protection statutes can often have priority, which is decisive in Hamenstäd's case. A comprehensive overview of the applicable tree protection laws can be found at BMU.

reactions from the public

The argument between Hamenstädt and the United Wohnstätten has triggered a debate about neighboring law and tree protection in public. Residents in Kassel and other cities have shared their opinions about social media and local discussion forums. Many support Hamenstädt and feel the strict regulations as a hindrance, while some believe that tree protection is important to preserve nature in urban areas.

In addition, environmental organizations have used the opportunity to point out the value of urban trees, not only for the environment, but also for the quality of life of the residents. The focus here is on discussions about the balancing between individual property and the common good.

neighboring conflicts and their rights

The problem of neighborhood rights is often accompanied by legal and emotional tensions. According to the German Tenants' Association (DMB), there are often conflict -rich situations between neighbors, especially in urban areas, where space is limited and space for plants and trees is often controversial. These conflicts can assume both legal and social dimensions.

A mediation procedure, as recommended by the DMB, could help find a mutual solution before the legal path is taken. Such procedures are designed to promote positive communication between the parties and to develop solutions that are acceptable for both sides. This can not only save time and money, but also promote social peace in the neighborhood.