Neighbour law
The short answer
In Baden-Württemberg (§§ 12, 16 NRG BW): Large tree (oak, 20 m): 8 m · Fruit tree (apple, 5 m): 3 m · Shrub (1.5 m): 0.5 m · Hedge (1.8 m): 0.5 m. Measured from the centre of the trunk at right angles to the boundary.
Pick a species, adjust the height — the required distance appears right away.
| Plant | Height | Distance |
|---|---|---|
| Hedge | up to 1.8 m | 0.5 m |
| Tall hedge | over 1.8 m | 0.5 m + height above 1.8 m |
| Large species (maple, beech, oak, ash, conifer) | any height | 8 m |
| Medium tree (birch, blue spruce, rowan) | over 4 m | 4 m |
| Other fruit tree | over 4 m | 3 m |
| Pome/stone fruit on weak or semi-vigorous rootstock | 1.8 m–4 m | 2 m |
| Berry bushes, roses, ornamental shrubs, small plants | up to 1.8 m | 0.5 m |
| Other tall woody plant | over 1.8 m | 2 m |
The first matching row applies — that is how the statute reads, too.
From the centre of the trunk where it emerges from the ground — horizontally and at right angles to the boundary. Not from the edge of the crown, and not from the edge of the trunk. If the trunk leans, the point where it leaves the ground still counts.
In Baden-Württemberg the right to demand removal expires 5 years after planting. After that the tree may stay, even if the distance was never met. The clock starts when the distance was first undercut.
These figures have been checked against the wording of the statute.
Data as of: 2026-09-10
If branches reach across the line, your neighbour may cut them off — but only after asking you to do it within a set period and you did nothing (§ 910 German Civil Code). Germany's Federal Court of Justice confirmed in 2021 that this holds even if the tree may not survive the cut.
Fruit that falls onto the neighbouring plot by itself belongs to the neighbour (§ 911 German Civil Code). They may not pick it, but they may gather what has fallen.
Whatever is locally customary must be tolerated (§ 906 German Civil Code). Autumn leaf fall is part of that. Only where the interference clearly exceeds what is normal in the area can compensation or a right to a cut-back arise.
Many statutes tie the distance to the height. If the plant outgrows the class its distance covers, the claim arises anew — you can slide into an obligation simply by letting it grow. Cutting back is often forbidden between 1 March and 30 September (German Federal Nature Conservation Act).
What counts is the state the plant actually reaches. A sapling that will one day be 20 m tall needs the distance for its mature height. That is exactly why setbacks are a planning question, not a planting question: 1.5 m to the line is comfortable for a three-year-old tree and a lawsuit for the same tree at twenty-five.
Then you may plant closer. The distance protects your neighbour, not the public — they can waive it. Put it in writing though: the consent only binds the next owner if it is entered in the land register as an easement.
No. Neighbour law governs the relationship between two private plots. Along public land the municipality's road and path rules apply, often together with the zoning plan — sight lines and clearance profiles there are usually stricter than the neighbour-law distance.
The clock runs from planting, not from the change of owner. Once it has run out the removal claim is gone for good — you inherit the tree together with its protection. Conversely you also inherit a claim the neighbour still has.
In most jurisdictions, yes. Hedges have their own, usually smaller distances — but they are tied to the height you keep them at: let the hedge grow and the required distance grows with it. What matters is how you plant, not the species: the same beech is a hedge in a row and a tree on its own, with a very different distance.
Your neighbour can demand that the plant be removed or cut back to the permitted size — at your expense. Damages only come on top if actual harm occurred. Once the limitation period runs out the claim falls away; the tree does not become lawful, but it may stay.
Permaplans knows the mature height of every plant and where your garden lies. Place a tree in planting mode and a hatched band grows along your boundary — exactly the strip where it may not stand under your state's law. Get too close and it says so at the top of the screen.
Plant finder: what suits my site? Plant encyclopedia: mature height and crown width of every species Everything Permaplans can do
Guidance only, not legal advice. The statute governs. Zoning plans, local by-laws, tree protection rules, easements or an agreement with your neighbour may differ — and vineyards and commercial horticulture often have special rules.