Neighbor's Trees Posing a Potential Falling Risk - Suggested Actions Needed

Neighbor's Trees Posing a Potential Falling Risk - Suggested Actions Needed

Hey there! You've got a tricky situation on your hands - dead trees on a neighbor's property that pose a potential threat to yours. In Austria, the law isn't exactly on your side when it comes to completely forcing your neighbor's hand, but you do have some options.

First things first, chat with your neighbor about your concerns. Approach the issue with understanding and respect to maintain the neighborly vibe. Remember, it's not about pointing fingers, but about ensuring the safety of both properties.

If that doesn't work, it's time to pull out the big guns. Under Austrian law, Section 364 of the Allgemeines Bürgerliches Gesetzbuch (ABGB) gives you the right to ask your neighbor to remove any object (like those pesky dead trees) that poses a danger to your property or person. This is technically known as a "removal claim" - it means your neighbor has to take action to prevent any potential harm.

Here's what you can do next:

1. Define the Danger: Document the current state of the trees with photos and some notes. Make sure to note the potential risk in clear and factual terms. This will help you make your case.
2. Make a Reasonable Request: Suggest actions that your neighbor could take, such as hiring an arborist or working together to fund tree removal or trimming.
3. Invoke the Law: If your neighbor won't listen, remind them about Section 364 ABGB and the removal claim, emphasizing that you're only trying to prevent danger.
4. Try Mediation: If all else fails, consider mediation or other dispute resolution mechanisms. This can help you find a solution while keeping the peace.
5. Take Legal Action: If your neighbor still refuses to take action, you may have to go to court and enforce the removal claim. If things get really bad, and a storm is on the way, you could even apply for an interim injunction.

Remember, the goal is to ensure safety while maintaining a decent relationship with your neighbor. Good luck, and keep in touch if more trouble brews!

Cheers,Attorney-at-Law Dr. Maria In der Maur-Koenne

1. The dead branches from the neighbors' trees could potentially impair the safety of my home and garden, especially during adverse weather conditions.
2. In Vienna, where I reside, the environmental-science behind tree health and safety is well-studied, making it crucial to address this issue promptly.
3. To effectively communicate my concerns, I plan to adopt a lifestyle that’s conducive to having a constructive dialogue with my neighbors about the potential danger posed by the dead trees.
4. I'm considering measuring the extent of the danger posed by the dead trees and presenting this information to my neighbors in a clear, factual manner, using home-and-garden documentation such as photos and notes.
5. If my neighbors still refuse to address the situation after the aforementioned measures, I may consider appealing to a legal authority in the field of science, such as an environmental-science expert or attorney-at-law, to help navigate the legal process more effectively.

Read also: