Legal Assistance for Green Nuisance - Legal Aid

Questioner

Good afternoon ladies and gentlemen, We have been living in Geesteren (municipality of Tubbergen) for 3 years in a senior rental home. Just behind the property line there is a row of trees (oaks) that are 35 years old. In some cases the distance is less than two meters. These giant trees cause a lot of nuisance, and I don't mean the enormous mountain of leaves and acorns that we have once a year. That's just part of it. These oaks are home to a lot of lice every year. And they give off a secretion, called honeydew. A dirty sticky layer forms on everything. The branches of the trees also hang far over our terrace and because of the enormous canopy of leaves we never get any sunlight on our terrace and in the house. We are always happy when it is winter and we get sunlight in the house again. Two years ago we asked the municipality of Tubbergen if something could be done about this. They agreed with us that the branches were really leaning over and they then crowned all the trees. But now, two years later, it is the same story again. We have again asked the municipality to take measures, but they are not doing anything about it. We are also very concerned about my wife's health and we do not know whether the trees could be the cause of that. Since my wife's menopause, she has suffered from a kind of allergy. Because the sun never shines on or in the house, the humidity is always very high. Now it is 74%. Normally it is 40%-60%. Due to the high humidity, mold develops between seams and cracks. My wife's GP has determined that she is allergic to pollen, house dust and mold. She also suffers a lot from her muscles. And then high humidity is of course not beneficial. Before we came to live in Geesteren, we lived in Spain for more than four years and she had no problems. I have asked the municipality to cut down the trees or otherwise provide a solution, but they cannot be induced to move. Can you give me/us some good advice on how best to proceed in this matter? Thank you in advance! Fred

Lawyer

Municipalities often have green policies that are published on their websites. You can check whether the municipality adheres to its own imposed obligations; if not, you can request enforcement. In addition, there is a possibility to take action on the basis of neighbour law. Neighbours are not allowed to cause each other unlawful nuisance. You can summon the municipality to maintain the trees that are causing the nuisance. I can assist you in legally formulating the request to the municipality for you/or conducting research into current policy and submitting an additional enforcement request. This will give you legal remedies that give access to a court ruling.

Lawyer

Oh, what a horrible situation. The annoying thing is that those trees have been there for so long that the law gives those trees a few privileges. The judiciary is quite fond of trees and I think that your request to cut down the trees will not be honored by the municipality any time soon. What you describe is also called 'green nuisance'. You will have to demonstrate yourself that your wife's complaints really have to do with the trees and that cutting them down is really much more important than preserving the trees. That will be a difficult story, I suspect. Other solutions are also your concern first and not the municipality's. And then I am thinking of, for example, moving, raising the crowns of just a few trees or even cutting them down, etc. The municipality's help may also be necessary in this. With some legal help, you can arrange a meeting with the alderman to see what the municipality can do for you. To do this, contact a lawyer who knows about trees and public space, like me.

Lawyer

Dear Sir/Madam, We have read your story and understand your situation. We offer you to solve your problem through the television program 'Mr. Frank Visser Does Verdict'. Mr. Frank Visser started the TV program 'Rijdende Rechter' 20 years ago because he believed that every citizen has the right to justice! And he still believes that. If you are interested in participating, please call us. Also for a free, no-obligation consultation. Kind regards, Vera Driessen Editor 'Mr. Frank Visser Gives Verdict.'