Request from municipality to replace trees

Questioner

There are large acacia trees in our narrow street between the facades of my house and those of the neighbors, I measured 13.60 meters. These trees are so large that our living pleasure is spoiled by the size of these trees. A lot of sun is blocked so that it feels colder in the house and I sometimes have to turn on the heating to get comfortable. The neighbor across the street has solar panels on the roof, but the yield is considerably lower because of the trees. The roots proliferate up to the foundation. We have asked the municipality to replace these overgrown trees with the smaller bolacacia, but no good response. Can you show us the way so that we can get the smaller trees?

Lawyer

You can also write to the municipality on the basis of private neighbour law because there may be unlawful nuisance due to permanent sun and daylight deprivation and extra costs, damage due to growing roots and leaf litter. You can hold your municipality liable for this. Then a discussion may start between the interests of the various parties in which the public interest also plays a role. I do not know whether the trees deserve extra protection but that can be an argument in the consideration. (tree plan or green policy)

Lawyer

You can hold your municipality liable in a letter and state the reasons stated above. After that, your municipality will want to talk to you and others and may investigate your complaints more seriously. You can check in the tree plan of your municipality whether these trees deserve special protection, a reason that weighs heavily to leave them standing. 45% less sunlight is an indication of unlawful sunlight deprivation. If that happens on your terrace outside, that argument also weighs heavily.