Question about gardens

Ok, only 10 mins to go...

I need some info from all you folks out there that know all this kinda stuff.

We are renting a house & several of the trees & shrubs seem to be dying, they have turned all brown & yucky looking. So does anyone know if we will be liable for them? Or as we are renting the whole place can we just go ahead & chop them down. There doesn't seem to be anything specific in the contract that says we have to have green thumbs, it's certainly a myth that all English people are good with gardens~~I am proof of that

cheers for any help...

had a cadburys fruit & nut yesterday (left over from easter )

Yum...

trees you cant cut down is against the law
so thats for the fruit & nut bit

Against the bloody law They are dead.

thanks for the info though...pehaps I should tell hubby to go ahead & do it

We too are renting and there is a bloody great norway spruce planted in our front patch..wouldn't call it a garden! blocking the light in the kitchen. My neighbour says there is no law against chopping it down unless it is an old tree with a large girth and it is probably damaging the house as it is so close.
We have already radically trimmed the Leylandia that were hugely overgrown at the back and pruned back lots of things!! If the plants are dying then you should just get rid. Surely you just need to keep the garden tidy and getting rid of dead plants is just that!!

From my experience as an Expat in Germany, I recommend wiping the word "surely" from your vocabulary.

i know there is a law against chopping down trees but as to how far it goes i dont know. best is to ask at the ordnungsamt, i think they are in charge of this sort of things.

We had a tree fall down in our garden a few years ago. Our landlord immediately came round with his brother and a chainsaw and chopped it up. I don't know if its legally the landlords responsibility to do this or if ours was just being nice but our neighbour regularly nags our landlord to cut our trees back so that he gets a bit of light in his garden.

There are laws about chopping down trees. As someone mentioned if a tree's girth is over a particular size then you may have to get a permit to cut it down. I think though they are mainly concerned with oak trees and such. Quick growing trees like tannen or cyprus I don't think they are too fussed about but to be on the safe side ring the ordnungsamt.

I think you also need to be aware that you can not chop trees/hedges down while the birds are nesting, some Länder are very strict on this.

Unless the tree is in the "Grundbuch", don't worry about it... chop it down.

The Grundbuch can be found at your local amt and registers all land measurements so there can be no arguing over boundaries, there are birds eye views drawn of buildings, driveways, roads, patios etc etc, if there is a big tree that is in the book... don't touch it.

Actually the Grundbuch is mainly there for listing who is the owner of a property and to display mortgages and other property related things.
You don´t own anything unless you are listed in the Grundbuch.
And it doesn´t matter much what is on said property, be it a house or a tree.
The Grundbuch itself is handled by the courts, except for the Baden part of the state of Baden-Württemberg, where it´s handled by the local communities.
And they don´t keep or make property plans, that´s the Kataster- or Liegenschaftsamt.
Anyway, they don´t have anything to do with trees on your property. That´s local community or city law, so as already said the Ordnungsamt should know best if there are any restrictions on cutting down trees.

Well thats told me... but if a tree is in the grundbuch then it is the property of someone... usually Der Stadt.

A tree itself can´t be listed in the Grundbuch and neither can a house.
But by law anything that´s fixed permantly to the ground automatically belongs to the property owner. Which can be a problem, when you don´t pay for a garage you had installed or even a kitchen (which is permently fixed to the house and the house to the ground, but that´s disputed), because it belongs to you automatically even if you don´t pay for it.
So if a tree is on city grounds, it´s theirs, if it´s on yours it belongs to you.

Damn did that sound bureaucratic, sorry for that. Job illness.

If you want to chopp that tree down then you need the permission of the Land owner ie: The Landlord! If the Tree is over 12 Meters high and over 1 Meter in girth then you need the permission of the Ordnungsamt, and proffesional Landscapers to do the job. If the Tree poses a threat ie. could fall over with the next storm then it´s the Landlords duty to cut it down. I just had the same problem with three Trees in my Garden and the Landlord doesn´t mind me cutting them but I have to carry the costs. Yeah Great, only 750 Euros for three trees.
Also you are only allowed to cut them in the Autum and Spring after that they are in full bloom, (that goes for trees with Leafs) .
Pine Trees are different they can be chopped all year round. Also make sure that you speak to the neighbours before the Trees are cut as they then have a chance to remove any items from the garden that could be damaged by falling branches.
You all know what the Germans are like when it comes to complaining.

Hey, if you know whats what, its better to hear it no matter how its said, I'd rather be put right than keep muddling along, I have only a rough idea about these things due to having my own property and having a footpath running up the side of it with 2 bloody great trees that I can't touch, Its not the trees that bother me... its the leaves every autumn

Well thanks all for the tips, legalise etc... The "trees" are actually pretty small, one is about 4ft, 2 are 2 ft & the others are shrubs, none of them are in a location to do any damage, anyway we are going to check with the landlord before we do anything just in case.

Anyhow my main question was...does anyone know if the Landlord can make us pay for the trees & shrubs??

Ta...

Sue

If your Landlord gives you permission to take the trees down and shrubs away then ask him to give it to you in writing. That´s very important as then there wont be any comebacks on it. If they dont pose a threat and he agrees then he can also turn and say that you carry the cost. If the removal is nessesary then he´s got to pay and make arangements to get rid of the trees and shrubs.
I wouldn´t however just take it down without asking as that might backfire on you.
In your Rental agreement should be something written about the Garden. Usually that it is your responsebillity to maintain the Garden. However big changes are only to be carried out with the Landlords permission. Remember get his agreement in writing.
Good Luck and Happy gardening.

Thanks Mickey,
Will email the landlord & then it'll be in writing...

Ta

Sue

I think you'll find that a email will be useless if it comes to a dispute. You need a piece of paper with his signature on it. I discovered within weeks of being here that u can't get by here without a fax.

I agree Luke, better safe then sorry.