Autumn is the season for fruit and falling leaves – and therefore a busy time for questions between neighbours. Disputes repeatedly arise over who owns apples from a neighbour’s tree or who is responsible for the leaves. The legal position is clear, explains Annett Engel-Lindner of the German Property Federation (IVD).
Windfall fruit belongs to the owner of the land
If apples or other fruit from a neighbouring property hang over the fence, they may not simply be picked. If they fall into the garden by themselves, however, they belong to the neighbour there and may be collected. One important point is that branches must not be shaken to make fruit fall. The German Civil Code expressly stipulates that fruit which has fallen across the boundary belongs to the owner of the land on which it lands.
Leaves: reasonable, but not without limits
In principle, everyone must remove leaves from their own property, even if they come from neighbouring trees. Such encroachments are generally regarded as customary for the area. A neighbour can be required to remedy the situation only if leaves or windfall fruit substantially impair the use of the property. In extreme cases, there may even be a claim for reimbursement of expenses. The local authority is generally responsible for roads and pavements unless it has transferred the cleaning duty to adjoining property owners.
Observe nature-conservation rules
Germany’s Federal Nature Conservation Act prohibits extensive pruning of hedges, shrubs and trees between 1 March and 30 September. From 1 October, property owners may once again carry out more extensive cutting. This period should be used to schedule necessary maintenance in good time.
IVD tip: talk first, argue later
“A clarifying conversation with neighbours is generally faster and less expensive than a court dispute. Amicable solutions can often be found, such as joint disposal, coordinated clean-up work or permission to harvest overhanging fruit,” advises Engel-Lindner.
Practical recommendations
- Do not pick ripe fruit from a neighbour’s tree; fruit that has fallen may be used.
- Dispose of leaves in an organic-waste bin, on a compost heap or at a green-waste collection point; do not burn them.
- In the event of substantial nuisance, ask neighbours to remove it and set a deadline if necessary.
- Carry out pruning of woody plants from now until the end of February.
Protect hedgehogs & other wildlife
“One final important point: piles of leaves are an important habitat for small animals such as hedgehogs. Before removing them, check whether animals are living inside,” Engel-Lindner explains. “Move piles of leaves carefully and do not use leaf blowers or brush cutters directly on them. A local wildlife rescue centre or animal-welfare organisation can help with injured or helpless animals.”