Because the forest that surrounds her medieval castle casts too much shadow on the old walls, the owner now even has to deal with the High Council. Where plaintiff has clearly rejected her appeal.
Since 2014, the plaintiff has owned country houses in Lower Austria on a hill on which a medieval castle is built – the building is located in the middle of the forest and is surrounded by very tall trees. According to the woman, these have grown closer to the castle and cast shadows on the old castle walls.
Your property will be “significantly affected”
Because her property had been “significantly affected” by the tall trees, the lady of the house filed a claim for a preliminary injunction. The case went all the way to the Supreme Court. The judges now gave the owner a refusal and dismissed the appeal with the following words: “Trees should be expected in the forest.”
Forest has always surrounded the castle
“The trees around the castle today have been growing there for at least thirty years,” the decision says. When she bought the castle, the owner of the castle should have known that the trees can reach their maximum growing width and height. According to the Supreme Court, there were no special cases such as endangering persons and property, for example due to overhanging branches.
833.88 euros to the forest owners
As early as autumn 2022, the mistress was dismissed with her lawsuit at the Neunkirchen court. The regional court of Wiener Neustadt confirmed this verdict in January 2023. Now the decision of the OGH in the appeal. The woman must pay the forest owners 833.88 euros within 14 days for the costs of the review procedure.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
