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Old 19.03.2020, 08:38
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Rules for cutting trees

We took on our rental place last summer, one condition was that the garden was a mess, we had to deal/live with it.. We have a standard contract condition that says we may not cut down established trees or re-landscape the garden.

So fine, we've tidied it up and replanted the lawn and all good. But in one corner we have a bunch of trees that are sort of in no mans land between us and the farmers field.. but affecting our view and coming into our garden.

Do I need to track down the farmer and have her cut them? Can I trim them myself being that the branches are in my garden?

Ideas?

Edit .. The bare looking one https://imgur.com/gallery/3ozPt6a

Last edited by John_H; 19.03.2020 at 09:00.
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Old 19.03.2020, 09:00
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Re: Rules for cutting trees

The farmer should be looking after his trees. Perhaps he is unaware that they are growing onto your land. First I suggest you discuss the matter with the farmer and give him the opportunity to respond.

There are laws in place covering the distance of the trees to the boundary, however in some places an older tree is protected even if planted closer than the rules permit. We weren't that fortunate and were forced to cut down a beautiful 30 year old tree when we moved into our house because the neighbour complained it was too close to their property and blocked their light. The previous owner ignored them. Now in the summer they have lost the shade from that tree. So do be careful what you wish for.

In addition to their beauty trees give a natural privacy but they do require maintenance. We had an expert prune all of our large trees. Please do not trim the farmer's trees until you speak to him.
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Old 19.03.2020, 09:22
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Re: Rules for cutting trees

Such a clause in a contract is there for a purpose, so as to not create tensions, and to indicate the property is as is. Cutting down of any tree of a certain size requires Commune permission at a minimum, maybe more. As you are a renter, and assuming said trees are on the property, it would be the responsibility of the property owner to request and or deal with tree removal vis a vis the officials, usually in case of sick or dangerous trees. Live, healthy trees may or may not be given permission, if a danger typically yes, if otherwise typically no. So contact the owner if such is the situation. If the trees are the property of the neighbor, it is their responsibility. Making a case that they are a bother to you, may not go down well, I know two neighbours who had a falling out over 10 years ago over such a situation and it still persists. But again, if renting, going through the agency/owner is still the best course of action. Trimming is ok if they are on your property, otherwise not.
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Old 19.03.2020, 09:28
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Re: Rules for cutting trees

After looking at your photo, that isn't really a "tree", it's just a bush (sort of) that should have been trimmed sooner. Those things grow like weeds in this climate. No farmer will have any interest in that as they are worthless for firewood. We've got a stand of those across the street that grow at least a meter in height per year. Every few years the owner cuts them down to the ground and they recover fine by the next spring.

I don't know your relationship with your farmer neighbor but I wouldn't hesitate to lop that thing off and also thin that other one to the left of it.
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Old 19.03.2020, 09:34
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Re: Rules for cutting trees

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The previous owner ignored them. Now in the summer they have lost the shade from that tree. So do be careful what you wish for.
He he. We'd been on at our neighbours for a couple of years to trim their tree. But we were glad of it last summer as it protected our hedge from the heat. (They finally got it trimmed late last autumn - it really did need doing).
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Old 19.03.2020, 09:55
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Re: Rules for cutting trees

Here is a pretty good summary of the various regulations around plants and Nachbarrecht, by canton:

http://www.pflanzen-im-nachbarrecht.ch

Be aware that there may be additional regs at the commune or neighborhood level.

Generally speaking, regs cover set back from a property line, overhanging limbs, roots across a property line, height.

BUT BUT BUT

Be aware that Tree Wars are often the cause of eternal emnity between neighbors. So in addition to understanding the regs, do try to get a reading on the neighbor's, and wider neighborhood, attitudes towards greenery, and approach this trying to find a win-win solution. Honey, vinegar, flies, and all that.

---

I'll also put in a general plea:

My little village used to be lush and green - it was what drew me to the area.

Over the years, the village has morphed from an 'auf dem Land' community to a concrete box dormitory suburb. And with those concrete boxes came an urban dislike of trees, plantings, and anything that interferred with the extra million one dreamed could perhaps be added to the property value if one could create a sliver of additional sun or a vague glimpse of the lake. Majestic old trees mown down, green spaces replaced with rock gardens or concrete paving.

And so the Tree Wars began - and this is a war no one wins. Try to avoid that if you can, work with the neighbors, find a solution that keeps everybody happy.

Esthetics aside, the loss of trees and green spaces, the ever increasing concrete, does not bode well for climate concerns going forward. We need trees, we need green, if we are to eke out a few extra years on this planet.


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Old 19.03.2020, 09:58
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Re: Rules for cutting trees

Quote:
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Such a clause in a contract is there for a purpose, so as to not create tensions, and to indicate the property is as is. Cutting down of any tree of a certain size requires Commune permission at a minimum, maybe more. As you are a renter, and assuming said trees are on the property, it would be the responsibility of the property owner to request and or deal with tree removal vis a vis the officials, usually in case of sick or dangerous trees. Live, healthy trees may or may not be given permission, if a danger typically yes, if otherwise typically no. So contact the owner if such is the situation. If the trees are the property of the neighbor, it is their responsibility. Making a case that they are a bother to you, may not go down well, I know two neighbours who had a falling out over 10 years ago over such a situation and it still persists. But again, if renting, going through the agency/owner is still the best course of action. Trimming is ok if they are on your property, otherwise not.
I'm not really talking about total removal or about an old oak tree.. I just want it trimmed, halfed in size.

This tree is in an odd place, it has multiple trunks if you like, which seem to start outside of my fence but the whole body of the tree is really in my place.

Quote:
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After looking at your photo, that isn't really a "tree", it's just a bush (sort of) that should have been trimmed sooner. Those things grow like weeds in this climate. No farmer will have any interest in that as they are worthless for firewood. We've got a stand of those across the street that grow at least a meter in height per year. Every few years the owner cuts them down to the ground and they recover fine by the next spring.

I don't know your relationship with your farmer neighbor but I wouldn't hesitate to lop that thing off and also thin that other one to the left of it.
I don't know the farmer other seeing him in his tractor or tending the cows. The tree is elderberry but it didn't produce much last year other than mess.


I'll ask around.. See what I can find out.
 




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