OGH about trees: – If neighboring roots are disturbing, he was unlucky

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Because the neighbor’s tree was damaged to have damaged paving stones and drainage channel, a Styriaan went to court. The cause has stopped at the top, which ultimately says: “The growing of trees is a natural process.” So plants may grow, how and where they want to go.

It will probably not have been the first tree to activate a neighborhood conflict – but it came to the Supreme Court. He has had to deal with planting trees on his own border limit. Because a Styrian brought a lawsuit against his neighbors: the roots of his trees had damaged the paving stones and the drainage channel on his property.

Branches and carrots can spread to the neighbors
In the end, the dispute amount amounted to more than 33,000 euros when the case landed in the Palace of Justice in Vienna. And there the senate of the judge decides: “The growing of trees or plants is in principle seen as a natural process.” The fact that branches or roots now spread to the adjacent property can “generally not be prohibited”.

Every owner can plant on his basic border, whatever he wants, as long as it is not a danger to the things or the life and life of the neighbor. So if you disrupt the tree roots of the neighbors. The Styrian must replace paving stones and channel itself.

Source: Krone

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