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Old 01.06.2020, 22:07
Urs Max Urs Max is offline
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Re: Garden Insurance

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As owner..
I have a garden with some trees, so for example in the event me being taken to court if they fall on neighbors property, etc

Can a neighbor sue you if he falls on ground plants (flowers and the like) protruding from the border fence ?

Regards
If the tree grows over the border, your neighbor can demand that you cut it back. There's no fine involved or whatever if you react once informed. If your neighbor acts without first demanding remedy from you, they have to pay the costs themselves.

If one of your trees, that all look healthy and aren't old and have a good footing, is felled by a storm, it's usually considered "force majeure" (an act of God). The owner can't be held liable in such a case as long as they acted following professional guidelines, which is most probably the case given the condition of the trees.

The same applies to branches that get torn off or break. Say there's a storm and a branch damages a parked car. Again, if the tree is healthy and the tree not visibly damaged/ill/dead, then the tree owner can't be held liable.

Of course a dead or ill tree or branch is something entirely different. Likewise a branch or tree that is visible burdened, even overburdened, say an apple tree with lots of ripe fruit, or even on the point of collapsing under their weight. In such a case the owner neglected their duties and can indeed be held liable.

Real estate owner's association (in German)
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