November 3, 2026, 10:19 am | Read time: 3 minutes
Trees on property boundaries can quickly become a contentious issue between neighbors, especially if they cast shadows or are particularly close to the adjacent property. Key factors include the boundary distance and the age of the trees. The situation is complicated by the fact that neighbor law in Germany is a state matter. A related case was brought to the attention of the myHOMEBOOK editorial team: Delia M. from Baden-Württemberg reported two trees on the neighboring property that she believes are too close to the shared boundary. myHOMEBOOK consulted a lawyer to assess the legal situation.
Trees on the Property Boundary – Reader Describes the Situation
In fact, it concerns two cases or trees, as Delia M. describes. “A red maple has been on the neighboring property for many years,” the reader explains. The distance to the boundary is about 2.20 meters. “The previous owner always pruned the tree so it wouldn’t shade our windows,” Delia M. explains. However, the new owner refuses to do so. At the time of the conversation, the red maple was seven meters tall. The neighbor refused to prune it.
But that’s not all. “Furthermore, the new neighbor planted a willow at the boundary,” writes Delia M. The distance here is only 1.20 meters. At that time, the willow was almost four meters tall. This tree should also be removed, writes Delia M. But this was also refused.
Also of interest: Noise disturbance from neighbors? Here’s what the lawyer advises
What Does the Lawyer Say?
myHOMEBOOK took this case as an opportunity to consult Thomas Pliester from Mönchengladbach. Pliester is a specialist lawyer for tenancy and condominium law and is familiar with trees on property boundaries as well as hedges.
“The case is actually clear,” says the lawyer, looking at the situation with the red maple. “Here, 2.20 meters is likely not sufficient.” A look at the Baden-Württemberg neighbor law, Section 16, confirms his opinion. “The tree is within the boundary area.” It should actually be at least four meters away from the boundary. “The neighbor could have objected to this,” the lawyer says. However, there is only a five-year window to do so; otherwise, the planting is considered tolerated. According to Delia M., the red maple has been there for “many years.”
However, “The neighbor must remove the overhang,” Pliester explains. He can only resist this if he is not allowed to prune for certain reasons, such as a tree protection ordinance prohibiting it.
The situation is different with the other tree on the property boundary. “The willow must be removed,” Pliester says about the second case. The distance of 1.20 meters is far too small for a tree like a willow. These trees are known for their size, which is why they fall under a different category in the Baden-Württemberg neighbor law. Accordingly, a distance of eight meters must be maintained here. “And on both sides,” Pliester adds. Since the willow was planted only about a year before the conversation, according to Delia M., the neighbor must remove it.