You're considering charging your neighbor for the leaves that drift onto your property?
Leaves from the next-door's pear tree create pool mess. Can I ask for cash to tidy up? The tree's branch reaches over here, but who's got the right to the fruits? What's legally valid, and how can we avoid disagreements?
Individuals who construct an open swimming pool on their property cannot demand money from their neighbor for pool cleaning, even when the two 90-year-old oaks on the neighbor's side encroach upon the property boundary. No "leaf fee," or regular payment for extra cleaning due to the leaves, is legally justified. This was the conclusion of the Higher Regional Court (OLG) Frankfurt am Main in a recent case (Az.: 19 U 67/23).
The scenario: 90-year-old oaks and a new pool
The neighbor was aware that the two ancient oaks were too close to the property line. Nevertheless, they decided to install an open pool in the eaves area. The neighbor requested almost 280 euros in monthly payments for cleaning the pool of falling leaves.
The Lower Court deemed the claim valid. The defendant neighbor appealed - successfully. The OLG eventually dismissed the claim, after obtaining expert testimony. Why was this the case?
The rationale
Although the fall of leaves in the pool resulted in substantial impairment, the plaintiff had knowledge that their property is situated within an area characterized by older, taller trees. Leaf and fruit drop from the oaks was, therefore, a natural occurrence.
The expert estimated that the entry of acorns, leaves, and dead wood within the normal range, and it wouldn't have significantly changed if the boundary distance was observed during the planting of the oaks. Therefore, the plaintiff must assume the increased cleaning effort.
General legal status
The case demonstrates that disputes may arise when branches expand over the property boundary or when leaves blow from the neighbor's property, which can even end up in court. As Annett Engel-Lindner from the German Real Estate Association IVD explains, the general legal situation is as follows:
- Normally, leaves from trees on the neighboring property are regarded as part of the local vegetation.
- As a result, one must typically tolerate their neighbor's leaves and remove them from their own property.
An exception: If there is a significant impact on the usability of the property due to the leaves, a theoretical claim for a "leaf fee" from the neighbor can be made.
However, as the recent OLG decision shows, it is ultimately determined on a case-by-case basis whether neighbors receive compensation and when leaf removal is considered excessive.
Who owns the fruits from the tree?
If leaves land on streets or sidewalks, municipalities are generally responsible, unless the duty has been delegated to the adjacent properties or tenants.
As for the branches of fruit trees sprawling over the fence, fruit above the property boundary cannot be picked. "If an apple ends up on the neighbor's property, the neighbor may take it," she explains. This is in line with Section 911 of the German Civil Code (BGB). However, "the tree may not be shaken to make the fruit fall."
Her advice: Avoid litigation when it comes to neighborhood disputes - for reasons of time and money alone. Often, understanding and communication can resolve issues on a personal level.
In this situation, the German Tenant Association might advise their members to approach the German Real Estate Association IVD for guidance on dealing with fallout from the neighbor's pear tree, as they've previously discussed the general legal status of leaves from neighboring properties being considered part of the local vegetation. The Tenant Association might also suggest communication with the German Tenant Association of the neighboring property to find a mutual agreement instead of pursuing a "leaf fee" or litigation.
