Neighbour law
A tree on the boundary in Germany: who owns it, who can have it removed, and who pays
A tree on the boundary line in Germany: section 923 BGB on fruit, felling and costs, liability after BGH V ZR 33/04, street trees, checks before buying.
On this page
Most buyers assume a tree belongs to whoever owns the land where it grows, and that the neighbour can at most cut back what crosses the line. German law follows that idea for most trees, but it has a separate rule for the tree whose trunk sits on the line itself: the Grenzbaum, or boundary tree, in section 923 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
The leading case shows why it matters. In December 2001 an oak fell over without any storm and badly damaged the house next door. Its trunk stood on the boundary. On 2 July 2004 the Federal Court of Justice (Bundesgerichtshof, BGH) decided the case (V ZR 33/04, published as BGHZ 160, 18). It held that a tree is a boundary tree when the boundary line cuts through the trunk at the point where it leaves the ground, and that the neighbour who shared the tree had a duty to inspect it. She and her husband had not done so, although a third neighbour had asked them to cut it back. They were liable in tort under section 823(1) BGB.
This guide is for buyers of a house or plot in Germany who find a large tree on, or right next to, the boundary. It explains what section 923 says, how costs are split, who is liable when the tree falls, what changes when the neighbour is a town or a road authority, and what to check before you sign at the notary. Planting distances from the boundary are covered in our separate guide on neighbour boundaries, plants and fences. Legal position as of 2 November 2026.
Glossary
| German term | Meaning |
|---|---|
| Grenzbaum | Boundary tree: trunk cut by the boundary line at ground level |
| Grenzabstand | Minimum planting distance from the boundary, set by each federal state |
| Überhang | Overhanging branches and encroaching roots (section 910 BGB) |
| Verkehrssicherungspflicht | Duty of care to keep a hazard (here: a tree) safe for others |
| Liegenschaftskataster / Liegenschaftskarte | Official cadastre and cadastral map showing parcel boundaries |
| Grenzpunkt / Grenzstein | Boundary point / boundary stone |
| Straßenbaulastträger | Body responsible for a public road, and for its trees |
| Baumschutzsatzung | Local tree protection bylaw |
| Schiedsperson | Local lay mediator for neighbour disputes |
Source: Figures from this guide, documented under “Sources”
Step one: is it really a boundary tree?
Everything turns on one measurement. The BGH looks at the trunk where it emerges from the soil. If the boundary line crosses it there, the tree is a Grenzbaum, even when almost the whole crown hangs over one garden. Who planted it, and when, is irrelevant.
If the trunk stands entirely on one side, even 10 cm from the line, the tree belongs to that owner alone. The rules on overhanging branches and on planting distances then apply instead of section 923.
The fence is not evidence. Fences in Germany are often set inside or outside the true line, and old hedges drift. The boundary is what the cadastre (Liegenschaftskataster) records, marked on the ground by boundary points. If the stones are missing, a publicly appointed surveyor (Öffentlich bestellter Vermessungsingenieur) or the state survey office can show you where they are. Our guide to boundaries and land surveys explains the options and costs.
What section 923 BGB actually says
Section 923 does not answer the abstract question of who owns the standing tree. It answers the practical ones.
- Fruit and timber are shared equally (subsection 1). Fruit from a boundary tree belongs to both neighbours in equal shares. If the tree is felled, the same goes for the wood. Walnuts that fall into your garden are still half your neighbour's.
- Either neighbour can demand removal (subsection 2). No reason is needed. The cost of removal is borne equally.
- Waiver. If the other neighbour gives up their right to the tree, the one who wants it removed pays the whole cost and becomes sole owner of the wood once the tree is cut.
- Boundary marker exception. Removal cannot be demanded if the tree serves as a boundary marker and cannot reasonably be replaced by another suitable marker. On old field boundaries without stones this still happens.
- Shrubs (subsection 3). The same rules apply to a shrub on the boundary, which in practice covers many hedges.
Section 924 BGB adds that the claim under section 923(2) is not subject to limitation. A tree that both sides have tolerated for decades can still be removed at the request of either. The overhang rule in section 910 is not on that list.
On ownership of the standing tree, German commentators disagree. The BGH mentioned the view that each owner owns the part of the trunk on their side, and in substance held the defendant responsible because she was a co-owner of the oak. For you as a buyer the result is the same: if part of the trunk is on your land, the tree is partly your responsibility.
The money: a worked example
Assumed figures for illustration. A dying birch stands on the line between two gardens. A tree surgeon quotes €1,800 gross for felling, removal and stump grinding.
| Situation | Neighbour A | Neighbour B | Wood |
|---|---|---|---|
| A demands removal, B takes part | €900 | €900 | half each |
| A demands removal, B waives their right | €1,800 | €0 | all to A |
| A fells without asking B | dispute | dispute | B can claim half |
Add two items many foreign owners miss:
- A felling permit. If the tree is protected by a local tree protection bylaw or state ordinance, section 923 does not override it. The felling needs a permit, and replacement planting or a payment usually follows. Our guide on tree protection on a building plot covers thresholds and costs.
- The closed season. Section 39(5) of the Federal Nature Conservation Act (BNatSchG) bans cutting trees outside forests and outside land in garden use from 1 March to 30 September. Plan felling for October to February, and expect the authority to ask about nesting birds and bats.
Agree in writing, before work starts, who signs the contract with the tree surgeon, who pays the invoice and how the other half is reimbursed. An email exchange is better than nothing; a short signed note is better still.
Liability when a boundary tree falls
The oak case is the reference. The BGH found that the defendants should have inspected the tree for disease at reasonable intervals and taken precautions against it falling, especially once another neighbour had asked them to cut it back. Commentators note that the judgment does not prescribe a fixed inspection frequency.
Because the claimant also shared the tree, the court considered her own contributory fault under section 254 BGB, and the case is usually summarised as one of shared liability. The practical point for a foreign owner who is not on site most of the year: you cannot rely on the neighbour to watch the tree for you.
What helps:
- Look at the tree, or have someone look, at least once a year with and without leaves, and keep dated photos.
- Fungi at the base, cracks, dead major limbs or a new lean are reasons to call a certified tree expert (Baumsachverständiger).
- If anyone writes to you about the tree, reply in writing and act. The ignored request was a key fact in the BGH case.
- Check whether your personal liability insurance (Privathaftpflicht) covers damage caused by trees on your land. A policy taken out in your home country may not extend to a property in Germany; ask your insurer in writing.
Branches and roots: section 910 and section 1004
For a tree near the line, and for the branches of a boundary tree that reach far over your side:
- Roots that grow in from next door may be cut and kept straight away (section 910 BGB).
- Branches may be cut only after you have given the neighbour a reasonable deadline to do it and the deadline has passed. Commentary says the deadline should respect the growing season and fruit harvest. Section 910 does not let you enter the neighbour's land to do it.
- Neither right applies if the roots or branches do not interfere with the use of your land.
On 11 June 2021 the BGH (V ZR 234/19) decided a case about a black pine right on a boundary. After a request went unanswered, the neighbour cut the overhanging branches himself, and the owners of the tree sued. The court held that the self-help right exists even if the cut may kill the tree or make it unstable, but that nature conservation rules, such as a tree protection bylaw, can restrict it; the lower court had to examine that and the extent of the interference. In 2019 (V ZR 102/18, 14 June 2019) the BGH had already accepted that falling needles and cones can count as interference.
Section 1004 BGB gives the general claim to have an interference removed. It is the route when you want the neighbour to do the cutting, for instance over a roof.
Planting distances in three states
Whether a tree near the line may stand there at all is a matter of state neighbour law, and the rules differ:
| State | Provision | Distance |
|---|---|---|
| Bavaria | Art. 47(1) AGBGB | 0.50 m; plants over 2 m tall: 2 m, measured from the centre of the trunk at ground level (Art. 49) |
| North Rhine-Westphalia | § 41(1) NachbG NRW | strongly growing trees (fruit trees excepted) 4 m; other trees 2 m, subject to § 43 |
| Saxony | § 8 SächsNRG (version of 1 August 2023) | generally 0.5 m; plants over 2 m tall: 2 m |
Source: Figures from this guide, documented under “Sources”
Example in Bavaria: a 9 m maple with its trunk 1.20 m from the line. The required distance is 2 m, so it is 0.80 m too close. It is not a boundary tree, because the trunk does not touch the line, so section 923 does not apply, but Art. 47 AGBGB does. For deadlines and exceptions see the neighbour boundaries guide.
When the neighbour is the town: street trees and public green
Many plots border a public road, footpath or park. If the tree on or near your boundary is a street tree, your neighbour is a public body.
Who is responsible. The body responsible for the road (Straßenbaulastträger) is usually also responsible for the safety of its trees. In Bavaria, Art. 41 of the Roads and Paths Act (BayStrWG) assigns state roads to the Free State of Bavaria and district roads to the districts and district-free towns; municipal roads are dealt with in a separate part of the Act. Other states have their own road laws. Find out the road category first, so your request goes to the right office.
What the town must check. On 6 March 2014 the BGH (III ZR 352/13) limited the duty for healthy trees. In a case from Suhl in Thuringia, a green, leafy branch of a poplar in a car park had fallen on a car on 13 June 2011. The court held that the responsible authority does not have to take special measures for healthy roadside trees, even of species with a higher risk of branches breaking. It must act when age, condition, position or structure show a danger. A big healthy street tree is not a liability case on its own; a visibly damaged one that you have reported is a different matter.
How to report. In Berlin, the Ordnungsamt-Online platform accepts reports about public streets and green spaces and forwards them to the district roads and green spaces office; for an acute danger to life, the Neukölln district office directs people to the police on 110 instead. Many towns run a defect reporting page, Münster for example. In the report give the address and parcel, the tree's position (a photo with a fence post or boundary stone in view), species, the visible damage and the date. Write in German if you can.
Can you use section 923 against the town? Section 923 applies between landowners, and a town owns its road land. For dedicated public roads, road law comes into play as well, and German commentaries on neighbour law deal specifically with toleration duties and bans on removal for roadside planting. Do not expect a civil claim to remove a street tree on the boundary without the road authority having its say. Start with a written request.
Bavaria's road exception. Under Art. 50(1) AGBGB the planting distances do not apply to planting kept along a public road or on a public square, nor to plants behind a wall or other solid enclosure. A street tree 1 m from your Bavarian boundary cannot be challenged under Art. 47.
Your trees over the road. The duty also runs the other way. Your trees and hedges must be cut back above the carriageway; the Bavarian municipality of Tutzing, for example, states a clearance height of 4.50 m in its hedge-cutting leaflet. Check your town's rules.
Before you buy: a checklist for buyers from abroad
- On the viewing, photograph every tree whose trunk is within about 2 m of the apparent boundary, with a fixed reference in the frame. Note species, rough height and visible damage. If you cannot travel, ask the agent for these photos and a short video.
- Get the cadastral map (Auszug aus der Liegenschaftskarte) from the survey office or the state portal. Our guide to German cadastral map extracts by state explains how.
- Have the boundary points shown if the stones are missing and a large tree is involved.
- Check local law: is there a tree protection bylaw, and from what trunk girth? Does the development plan require the tree to be kept?
- Ask the seller in writing: any agreements or disputes with the neighbour about the tree, any damage it caused, any felling permit applied for or refused. Ask for answers in German and English.
- Talk to the neighbour. A short conversation, with a German speaker if needed, often tells you more than any document.
- Have it written into the contract. The notary can record what the seller knows about the tree and whether a removal already demanded will be done and paid for by the seller.
Two points specific to foreign buyers. The notary reads the land register and the contract aloud, through an interpreter if you do not speak German well, but does not check where trees stand; trees are not entered in the land register, and agreements between neighbours about a boundary tree are usually not there either. And if you will not live on site, appoint someone local to inspect the tree and receive letters about it. Our guide on buying land in Germany covers the purchase as a whole.
If things go wrong
Your neighbour wants the boundary tree removed and you want to keep it. Under section 923(2) you can hardly stop it, unless the tree is an irreplaceable boundary marker or the authority refuses a felling permit for a protected tree. Offer a crown reduction instead; it is often cheaper for both.
You want it removed and the neighbour will not pay. They must pay half or waive their right to the tree. Get any waiver in writing. Ask the local court (Amtsgericht) or the town whether your state requires an attempt at mediation with the Schiedsperson before a lawsuit.
The neighbour felled it without asking. Half the wood is yours. If the tree was protected and there was no permit, report it to the lower nature conservation authority (untere Naturschutzbehörde). Photograph and measure the stump.
A street tree drops branches on your land. Photos, date, written report to the road authority. Whether you get compensation depends on whether the authority could have seen the danger.
You discover after completion that the big tree is a boundary tree. You now share responsibility for it. Have the boundary shown, speak to the neighbour and agree who inspects the tree and how often.
What the GrundCheck report shows
The GrundCheck report maps your parcel with its development plan or its status inside or outside the built-up area, protected areas such as landscape protection areas, Natura 2000 and biotopes, flood hazards and other layers, each with source and date, €29 in one language or €39 in English and German. It does not show which side of the line a tree stands on, and it is not a survey or legal advice. It does tell you whether a protected area overlies the plot, which can make felling harder still.
Check the development plan, protected areas and risks for your parcel in the GrundCheck report, from €29 → · See a sample report
This guide is a first orientation and not legal advice for your individual case.
Sources
- German Civil Code (BGB), section 923, lexetius.com; commentary bgb.kommentar.de; official text gesetze-im-internet.de (read via search engine), 2.11.2026.
- BGB section 924, lexetius.com, 2.11.2026.
- BGB section 910, lexetius.com; official text gesetze-im-internet.de (read via search engine), 2.11.2026.
- BGH, judgment of 2.7.2004, V ZR 33/04, lorenz.userweb.mwn.de; dejure.org, 2.11.2026.
- BGH, judgment of 11.6.2021, V ZR 234/19, rewis.io; beck-aktuell.de, 2.11.2026.
- BGH, judgment of 6.3.2014, III ZR 352/13, lexetius.com; lto.de, 2.11.2026.
- Bavarian AGBGB, Art. 47, 49, 50, gesetze-bayern.de (1); gesetze-bayern.de (2), 2.11.2026.
- NRW Neighbour Law Act, § 41, lexmea.de, 2.11.2026.
- Saxon Neighbour Law Act, § 8, revosax.sachsen.de, read via search engine, 2.11.2026.
- Bavarian Roads and Paths Act, Art. 41, gesetze-bayern.de, 2.11.2026.
- Berlin, Neukölln district office, road maintenance and safety, berlin.de; Berlin House of Representatives, written question S19-18364, pardok.parlament-berlin.de, 2.11.2026.
- City of Münster, defect reporting, stadt-muenster.de, 2.11.2026.
- Municipality of Tutzing, hedge-cutting leaflet, tutzing.de, read via search engine, 2.11.2026.
- Federal Nature Conservation Act, section 39(5), gesetze-im-internet.de, read via search engine, 2.11.2026.