Home & Garden Trouble caused by climbing plants on the house wall
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Greener facades on older buildings look romantic. Concerns about wall damage often prevail in new houses. Who is responsible if a climbing ivy or wild wine damages the neighbour's masonry?
Anyone who has aclimbed up on a border wall to the is liable for the damage caused. , for example, penetrates through small cracks in the plaster with its adhesive roots and can enlarge them. If the water freezes in these places in winter, this can cause further frost damage. Therefore, one should be careful when choosing the plants.
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Damage to the plastering of a boundary wall cannot have been caused by a decision of the OLG Düsseldorf (Problems caused by climbing plants on patios and balconies ) that , who then conquered the wall. Wild wine climbs smooth walls by holding onto the wall with small so-called adhesive discs. So they are not roots that penetrate into unevenness in the surface of the wall and could cause larger cracks there. This can be considered an obvious fact according to Section 291 of the ZPO (Code of Civil Procedure). However, the sticky slices of wild wine are very stubborn and are very difficult to remove from the masonry after the shoots have been torn off.
Plants that are firmly rooted in the soil belong to the landowner and no longer to the person who bought and planted them. This principle also applies to residential property investments. The owner of a ground floor apartment had sued. He had planted climbing plants on his terrace. However, the community of owners of the condominium decided that the owner on the first floor, on whose balcony the climbing plants have meanwhile climbed up, may cut them back once a year. Thereupon, the ground floor resident made claims for the destruction of "his" plants.
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The Landau district court made it clear with a decision (What to do if the climbing plant crosses the border? ) that plants that are planted in the ground in the area of a terrace area become part of community property. This means that the co-owner community can determine these plants and not the one who planted them. The plaintiff also cannot rely on the fact that he has special property on the terrace. Because you can only have special property in rooms. However, since the terrace is not even enclosed on the side, it is not a room.
Branches that protrude beyond the property boundary can be cut off at the border if the use of the property is impaired by the overhang - for example if damage occurs. The situation is similar when numerous fruits fall over or when large amounts of leaves or sticky tree sap require frequent cleaning work on your own property. Allow the neighbors reasonable time before cutting to give them the opportunity to remove the interfering branches. When this deadline has passed, you can pick up the saw yourself or hire a gardener. Attention: The branches may only be cut as far as they protrude.
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