Border planting: you must keep this border distance

Plantings in the area of ​​land near the border often give rise to disputes between neighbors. Many a property owner would like to use the garden area and go to the property line when planting a tree. Others simply underestimate the growth of the trees. If the plants then reach a size that disturbs the neighbor, a dispute can arise. Against this background, the legislature has created a legal situation that seeks to avoid such conflicts.

Legal situation

In order to avoid a conflict under neighboring law, the regulations of the federal states regarding the border distance between trees, hedges and bushes should be observed. These limit distance regulations are described in more detail in the neighboring laws of the federal states. The specified distances to the border of the neighboring property do not only apply to planted areas, but also to wild growth.

Measurement of the limit distance

The regulations in the neighboring laws apply to bushes as well as to a tree or a hedge. Some federal states have also included distances for hops and grapevines. By the way, with perennials and other plants you don't have to keep a boundary distance. The required distance to the property line depends on the height of the wood. The distance describes the shortest connection to the boundary line. What is measured is:

• for a tree: in the middle of the trunk
• for a shrub or hedge: measured from the shoot that is closest to the border
• Hops and grapevines: from the hop pole or the climbing wire
• the point where the shoot or trunk emerges from the ground is decisive
• Branches above the ground are not taken into account
• Trunk slopes are not taken into account

Exceptions:

1. No limit distance rules apply to plants behind a wall or dense fencing, insofar as they do not or not significantly project beyond the fencing.
2. Most federal states do not require a distance to public streets and squares
3. However, the distances for border planting do not apply to bank planting to protect slopes and embankments.
4. In most federal states, other regulations apply to properties with forests, agricultural properties or areas with rail traffic.

Laws and regulations of the individual federal states

In individual cases it may be necessary to repeat the regulations for border planting in To look at detail, because there, for example, individual tree and shrub species are classified according to their height are. When in doubt, professional advice should always be sought.

Baden-Wuerttemberg

Baden-Württemberg has a legal regulation on the border distance between plantings in neighboring law added in order to create a good neighborhood relationship with a reliable legal position support financially.

• Large trees (over 12 m): 8.00 m
• medium-sized, narrow trees (up to 12 m): 4.00 m
• Fruit trees over 4 meters tall: 3.00 m
• Pome and stone fruit trees with a maximum height of 4 meters: 2.00 m
• other trees of similar size (up to a maximum of 4 m): 2.00 m
• Shrub species up to 1.8 meters in height: 0.50 m
• Shrub species over 1.8 meters tall: 2.00 m
• Hedge up to 1.8 m high: 0.50 m
• Hedge over 1.8 m: 0.5 m + additional height over 1.80 m
• Espaliers up to 1.8 m high: no distance necessary
• Espaliers over 1.8 m: extra height over 1.80 m
• Soft fruit bushes and trunks: 0.50 m
• Roses, ornamental shrubs and other small trees: 0.50 m

Bavaria

In Bavaria, the owner of a property can request that larger plants be planted at a certain distance on the neighboring property. The following principles still apply to border planting:

• Trees, bushes, hedges, vines under 2 meters tall: 0.50 m apart
• all plants over 2 meters: at least 2.00 m apart
• this also includes vines and hops, which are guided upwards on scaffolding

Berlin

In Berlin, however, the limit distance for plants is described in somewhat more detail. Here, individual tree species are finally given distances to the neighboring border. The tree and shrub species are listed in detail in Section 27 of the Neighborhood Act. The general rule:

• strongly growing tree species: 3.00 m minimum distance
• tall fruit trees: 1.00 m
• all other tree species: 1.50 m
• Shrub species: 0.50 m
• Hedge over 2 meters high: at least 1.00 m
• Hedge less than 2 meters high: 0.50 m

Brandenburg

In Brandenburg, the following regulations apply to the boundary distance for land outside the forest for plantings over 2 m regular growth height:

• Fruit trees: 2.00 m
• other trees: 4.00 m
• The following applies to all woody plants: at least a third of its height above the ground
• the double difference applies to agricultural and commercial horticultural properties

Bremen, Hamburg, Mecklenburg-Western Pomerania

In Bremen, Mecklenburg-Western Pomerania and Hamburg, no state regulations have been issued to date on the border distance between plantings. In Bremen and Hamburg, the legal situation of the state of Lower Saxony on border planting generally applies.

Hesse

The neighboring law in the state of Hesse stipulates that the owner when planting one Tree or shrub on its property, keep the following boundary distance to the neighboring property got to:

• Very vigorous park and avenue trees: at least 4.00 m apart
•  Strongly growing avenue and park trees: 2.00 m
• Pome fruit trees on a strongly growing base, sweet cherries and grafted walnut trees: 2.00 m
• all other tree species: 1.50 m
• strongly growing ornamental shrubs: 1.00 m
• Blackberry bushes: 1.00 m
• Hedge over 2 m high: 0.75 m
• Hedge up to 2 m high: 0.50 m
• other ornamental shrubs: 0.50 m
• Hedge up to 1.2 m: 0.25 m

Lower Saxony (with Bremen)

The regulations for the limit distance apply to bushes, a hedge and a tree. Depending on the height of the vegetation, minimum distances to the neighboring property must be observed, which are broken down as follows:

• up to 1.2 m height: 0.25 m
• up to 2 m high: 0.50 m
• from 2 m to 3 m in height: 0.75 m
• up to 5 m high: 1.25 m
• up to 15 m high: 3.00 m
• over 15 m high: 8.00 m

North Rhine-Westphalia

Wherever people live close together, every neighbor has to show consideration. This also applies to the border planting in North Rhine-Westphalia. For trees and vines, however, the following distance must be maintained from the neighboring properties:

• strongly growing tree species: 4.00 m
• all other tree species: 2.00 m
• strongly growing ornamental shrubs: 1.00 m
• all other ornamental shrubs: 0.50 m
• Pome fruit trees on a strongly growing base, sweet cherries, walnut trees and chestnuts: 2.00 m
• Pome fruit trees on a medium-strong base, as well as stone fruit trees (except sweet cherry trees): 1.50 m
• individual vines: 0.50 m
• Pome fruit trees on a weakly growing base: 1.00 m
• Blackberry bushes: 1.00 m
• all other soft fruit bushes: 0.50 m

Rhineland-Palatinate

In Rhineland-Palatinate, property owners or their users must keep the following limit distance for plantings:

• very large tree species: 4.00 m
• strongly growing tree species: 2.00 m
• all other tree species: 1.50 m
• Hedge up to 1.0 m high: 0.25 m
• Hedge up to 1.5 meters high: 0.50 m
• large shrubs: 1.00 m
• all other shrubs: 0.50 m
• Hedge up to 2.0 meters high: 0.75 m
• Hedge over 2.0 meters high: 0.75 m + additional height of 2.0 m

Saarland

Anyone who owns or manages a plot of land in Saarland must keep the following distances when planting the border:

• very fast growing tree species: 4.00 m
• Hedge up to 1.5 meters high: 0.50 m
• strongly growing tree species: 2.00 m
• all other trees: 1.50 m
• strongly growing shrub species: 1.00 m
• Hedge up to 1.0 m high: 0.25 m
• all other types of compression: 0.50
• Hedge over 1.5 meters high: 0.75 m

Saxony

In Saxony, however, the distance regulations to the neighboring property are very clear. The following applies:

• Distances of all tree and shrub species as well as a hedge with heights of growth over 2 meters: 2.00 m
• all woody plants up to 2 meters high: 0.50 m

Saxony-Anhalt

For the border planting of land in Saxony-Anhalt, the following border distance applies to a tree, a shrub or a hedge:

• up to a height of 1.5 meters: 0.50 m
• up to a height of 3 meters: 1.00 m
• Anything over 15 meters tall: 6.00 m
• up to a height of 5 meters: 1.25 m
• Up to a height of 15 meters: 3.00 m

Schleswig-Holstein

The owner or user of a plot of land in Schleswig-Holstein must keep the following distance to the border with plantings over 1.20 meters high:

Limit distance = one third of the final growth height of the wood

Thuringia

The federal state of Thuringia has enacted the following laws for border planting and their distance to the neighboring property:

• very fast growing tree species: 4.00 m
• Hedges over 2 meters: 0.75 m + additional height over 2.00 m
• Hedges up to 2 meters high: 0.75 m
• strongly growing tree species: 2.00 m
• all other trees: 1.50 m
• strongly growing shrub species: 1.00 m
• other shrub species: 0.50 m
• Hedges up to 1 meter high: 0.25 m
• Hedges up to 1.5 meters: 0.50 m

Plantings directly on the property line

For hedges that are laid out as border planting between two properties, no regulation on the border distance applies. If a shrub or tree stands directly on the property line, it is therefore a border tree. In a tree, the most important thing is the trunk, namely where it emerges from the earth. It does not matter whether the property line runs in the middle or laterally through the trunk. In any case, both neighbors are entitled to an equal share of the fruit and wood of a border tree. Either of the two neighbors can also request that the tree be removed, provided that it is not used as a boundary marker. The same rule still applies to a border shrub.

Insofar as the branches or the roots of a border tree or border shrub are a significant impairment of the Cause the property to be used (e.g. damage to the sewer pipes), these may be removed. However, fallen seeds or leaves are not a significant nuisance.

Replacement plantings in a hedge

If individual plants of a continuous hedge are to be replaced or replanted because they have died, they can be replanted in the row. This also applies if the row of hedges does not keep the prescribed distance to the border. In this case, however, only if the limitation period for the removal has already expired. However, if the entire hedge or large parts of it are renewed or newly laid out, the legally applicable distance must be observed.

Make claims

If the prescribed distance to the border is not observed, the neighbor can remove it or the pruning of the tree, shrub or hedge to the permissible height demand. It is not relevant whether there is a restriction by the plant or not. Such a claim can in any case be made informally. But what you are not allowed to do is cut back the wood yourself.

Statute of limitations

If a claim for removal or a cutback is not asserted in the event of a breach of the limit distance, it will automatically become statute-barred after five years. Incidentally, the limitation period begins at the end of the year in which the violation of the distance becomes apparent.