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my neighbour cut my tree branches and drops in to my garden

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Hi, 

 

I am not German and recently I bought the house in Heilligensee, my house is on the front row and two other houses need to past my land, I know by law I should allow them to past and I do not have block the, but there are some issue which need to know how to act with them. 

 

The old owner grow a big tree at the end of my land which now is protecting by government and when we requested the government for permit to cut down they told us no. I personally dose not have any issue with that tree and love it, but because we understood neighbour dose not like that tree because they claim it is too big and make dirt everywhere  we agreed to make application to keep them happy since we like to have the nice relationship with our neighbours, story short government told us no. 

 

Now I saw few times this neighbour  put his hand and cut branches which are still in my land but in this passage way and not block him or cause of any damage to his car and then throw it into my garden, or collect the death lift from this three and dump it into my garden. 

 

1. Does he has right to touch my tree? if No. what should I do is there any law sentences which I can read and learn about the law in Berlin?

2. Dose he has right to drop/throw it back in to my garden? if No. what should I do is there any law sentences which I can read and learn about the law in Berlin?

3. Also I can see he put some white powder below my tree and when I did ask him he said this is poison for ants, but at close to this tree I grow strawberry and this can be harm for my health if I eat these strawberry :(, 

 

Overall I am not sure why he do these things without asking me, I do not have problem if ask me for help to clean or cut or anything and then we both knows what's going on rather than he just decide and act without my concern or permission. 

 

Many thanks for your input and help. 

 

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1 hour ago, Radgostar said:

Also I can see he put some white powder below my tree and when I did ask him he said this is poison for ants,

 

Ask him what substance he has used.    He has no right to put any poison in your garden. 

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If the tree is protected, you need to find out to which extent it may be trimmed and by whom.  If your neighbour trims the tree too much on his side causing the tree to become unstable and fall over or causing it to die, they may end up having to pay a fine.  I would start by asking ordnungsamt or umweltamt who can tell you more about that.  You can ask them about the poison at the same time.  Once you know the law, you can inform your neighbour.  Since it's your tree, imo you should get professionals to trim it.

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I asked him about white powder, as he said it is against the ant, I have no idea this is harm for human or not, but mainly IMO he dose not have any right to do anything in my land without my concern and he has only permit to past my land to reach to his house. 

 

Regarding the tree according to authority we do not have permission to cut any root or branch of this tree which is bigger than 2cm R,

 

I was ready reply and I understand we should use professional trim company to trim that, Again Do I have to trim this tree? because IMO dose not need any trim and dose not block any way or window, sun and etc.

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I'm pretty sure it's salt and he's trying to kill the tree...

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Maybe, just maybe, the neighbor has taken care of the tree for the old man,,,as a (heaven forbid) a favor.  Sort of like having the neighbor shovel the snow and then complaining that the snow is piled on your property.  There's a reason why there's no molehills in germany.

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