If you're contemplating charging your neighbor for the fallen leaves that drift onto your property?
Neighbor's foliage enters the pool. Can I request payment for clean-up? The neighbor's pear tree branch stretches into this area. But who holds the rights to the fruit? What's legally sound, and how can conflicts be avoided?
Individuals constructing an open pool on their property cannot demand payment from their neighbor for pool upkeep due to nearby foliage infringement. Even if the two oaks from the neighbor intrude upon the property line, there is no claim to a "leaf rental" – or a monthly payment for increased cleaning demands. This was confirmed in a recent decision by the Higher Regional Court (OLG) Frankfurt am Main (Case No.: 19 U 67/23).
The situation: 90-year-old oaks and a fresh pool
Aware of the two age-old oaks' proximity to the property fence, the neighbor chose to construct an outdoor pool in the shaded area. They demanded nearly 280 euros in monthly advance payments for pool clean-up from the neighboring homeowner.
The regional court approved the demand. However, the neighbor filed an appeal, with success. The OLG evaluated an expert opinion and eventually dismissed the claim. Why?
The rationale
Indeed, leaf fall negatively impacted the pool's condition. But the plaintiff was aware of the area's typical older and taller tree growth. Thus, they should have anticipated the natural leaf and fruit drop from the oaks.
The expert concluded that acorn, leaf, and dead wood accumulation remained standard. The increased cleaning effort would have been minimal even if the oaks had been planted further from the property line. Consequently, the plaintiff was expected to bear the cleaning expense.
Overall legal standing
The OLG ruling demonstrates that disputes can arise and potentially end up in litigation when branches encroach upon property lines or leaves blow over from neighbors. Annett Engel-Lindner, an expert from the German Real Estate Association IVD, explains the broader legal status:
- Generally, leaves from trees on the neighboring property are considered a local feature.
- As such, neighbors must tolerate falling leaves and remove them on their own property.
An exception polarizes when the property is significantly hindered by leaves. In this scenario, a potential "leaf rental" could be demanded from the neighbor.
However, the OLG decision underscores that these situations are evaluated on a case-by-case basis, and leaf removal can be considered unreasonable.
Fruit ownership
Municipalities typically assume responsibility for litter and debris on streets and sidewalks - unless tasks have been delegated to neighboring property owners or tenants.
As for fruit trees with branches over the fence, fruit reaching the neighboring property can be harvested. This stems from Paragraph 911 of the BGB. However, refrain from shaking the tree to make fruit drop.
One piece of advice: Avoid litigation over neighborhood disputes – due to time and expense limitations. Solid communication and an open dialogue often lead to resolution.
The German Tenant Association might advise the homeowner in this situation to communicate with their neighbor about the leaf fall issue, as per the German Real Estate Association IVD's expert Annett Engel-Lindner, who stated that neighbors are generally expected to tolerate falling leaves and remove them on their own property. The German Tenant Association could also provide guidance on potential fruit harvesting rights, as per Paragraph 911 of the BGB, which allows fruit reaching the neighboring property to be harvested, but not by shaking the tree to make fruit drop.
