Neighborhood dispute around Ebereschen: Who has that?

Neighborhood dispute around Ebereschen: Who has that?

In Kassel, a neighborhood dispute over the rampant Eberschen ensures a lot of trouble and resentment. The 83-year-old Rainer Hamenstädt has been struggling with the trees from the united residence for years, which grow beyond his property and prepare considerable difficulties. Neighbors also fight opposite views and legal situations, which also complicated the situation. Nevertheless, Hamenstädt remains persistent and is looking for solutions.

The high boar as a 20 meter high will lose their leaves in autumn, which simply do not stay away from Hamenstäd's garage. Every year the pensioner stands on the roof of his garage, whether in the rain or snow, and desperately tries to eliminate the leaves and the resulting constipation in the drain. This is not only a minimal burden, but also leads to damage to his garage every now and then, as recently in a storm in June 2023, as larger branches.

branches and roots: counterpoint of the arguments

Another problem has indicated underground: one of the boars dug up to the garage, which led to cracks in the masonry. Hamenstädt describes his experience with the trees as stressful and has repeatedly tried to negotiate with his neighbors. But the united residence only reacted sporadically and at best took smaller branches away. The wish of Hamenstädt to cut back the tree crown was ignored. "It feels like a kind of expropriation," says the pensioner frustrated.

After trying to bring about personal clarifications, Hamenstädt saw no other way out than to take the legal path. But even this proved to be rocky. A court advised him because the associated reports would slide into the five -digit euro area. This annoying question as to whether the Kassel tree protection statute would be followed by a judgment of the Federal Court of Justice (BGH) has been going on for over three years.

legal disputes and consequences

Hamenstädt relies on self -help law according to § 910 of the bourgeois law, which gives him tremendous personal responsibility, as long as he does not accept the death of the trees. The united residence, on the other hand, refers to the Kassel tree protection statute, which Hamenstädt prohibits taking on their own measures to eliminate the outstanding branches. According to this statute, tree felling and cutting are subject to approval, especially for trees, the scope of which exceeds certain dimensions.

A violation of this statute could have serious consequences for Hamenstädt: a fine of up to 100,000 euros would come to him if he acted independently. Jürgen Eichel, a Kassel lawyer, emphasizes that urban tree protection statutes have priority to neighboring law claims. Such statutes are considered legal restrictions on property that can also affect neighbors.

The united residential sites refused to comment, while Hamenstädt was still looking for a way out. In the meantime, it is advisable to contact the arbitration office if you strive for a solution in neighborhood conflicts - the gear in court could often create more problems than solve.