Overhanging branches - a common annoyance

If branches overhang neighbors, the affected owner is entitled to get them cut back. However, this claim for elimination is subject to the regular limitation period of three years from knowledge of the property damage (BGH V ZR 136/18).

Tip:

The first overgrowing branches are usually taken by neighbors. Also, they usually do not represent any impairment of use of the property, which would justify the elimination claim under § 1004 BGB.
But the initially slight property disturbance can grow considerably over time. In that case, however, an assertion of the elimination right based on the three-year limitation period may already be ruled out.
The difficulty for owners is thus not to assert the disposal time too early and not too late.