Trees along property lines? Discover your rights!

Questioner

Our neighbours unexpectedly planted 5 standard trees along the property line a few weeks ago. There is a 1.80 high fence on the property line as a separation. The new trees are 3.5 metres high, full of latticework and planted over almost the entire length of the back garden, just 30cm from the property line. My question: Are the neighbors allowed to do this? What is the best way to deal with this? Mutual understanding is bad. We could tolerate the first 2 trees against the houses, but the remaining trees would block our view and evening sun. Does it make sense to request the municipality to enforce the law as it is against local regulations?

Lawyer

The neighbors are not allowed to do this unless there is a local ordinance that allows it (which seems very unlikely to me). I would advise you to first approach the neighbors about this and if they do not remove the trees within a reasonable period of time set by you, you can contact the municipality.

Lawyer

According to the legal framework as described in the law, trees must be planted 2 meters from the property boundary and shrubs 50 cm. and may not protrude above the property boundary. There may be exceptions within municipalities, but these guidelines are often adhered to here as well. You can always inquire with the municipality about this. It is wise to request your neighbors in writing to shorten, remove and/or move these trees in such a way that the legal framework is met. If they do not do this, it can still be enforced through the court. But I would try to resolve it among ourselves or with a mediator. If you would like further help or advice, you can always contact me.