Border tree

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Border trees on a map of the Limburg Mark, 1782.
Border beech, Hinterzinnwald , 1930.

Grenzbaum is a term from German property or neighboring law , just like the Grenzstrauch .

This term is legally standardized in Section 923 BGB . It is a tree or shrub that stands on the border between properties , whereby the trunk at the point where it emerges from the earth is decisive.

Since many trees already show signs of root system above the soil surface, it is not always easy to decide whether it is a border tree. In contrast to root runouts, root runs still belong to the root or trunk (OLG Munich, judgment of June 10, 1992, AgrarR 1994, 27).

As long as the tree (shrub) stands, the fruits of the tree (shrub) belong to the property owners in equal parts. If the tree (shrub) is felled, its remains also belong to both property owners.

Each of the neighbors has the right to demand that the tree (shrub) be removed. Both neighbors must bear the disposal costs equally. If a neighbor demands the removal and the other neighbor does not want to participate in the removal costs, he waives his right to the border tree and the neighbor who wants the removal bears all costs. At the same time, he then acquires sole ownership of the felled tree.

A tree (shrub) that serves as a boundary mark must not be removed if this boundary mark cannot be replaced by another suitable boundary mark. The regulating norm ( § 923 BGB) is characterized (probably involuntarily) by a certain literary quality, since paragraph 1 is written in the meter of the hexameter : “If there is a tree on the border, the fruit is due, and if the tree is felled the tree is shared equally by the neighbors. ”In addition, Paragraph 3 rhymes:“ These regulations also apply to a shrub standing on the border ”.

The marrow tree represents a special form of the border tree, which officially marks a border as a border point and today only has cultural and historical significance. Old border trees are often listed .

See also

Individual evidence

  1. ^ Entry Grenzbaum ( memento from March 4, 2016 in the Internet Archive ) on Baumkataster.name.
  2. ↑ Living border trees. VolmeTal.com ( Memento from February 23, 2015 in the Internet Archive ).