Dispute Over Tall Bamboo Hedge: Legal Ruling Expected from German Supreme Court

In a significant legal dispute concerning property rights, the German Federal Court of Justice (Bundesgerichtshof, BGH) is set to rule on whether a neighbor can demand the trimming of a towering bamboo hedge that exceeds three meters in height. The case, which originates from Hessen, highlights ongoing tensions between property owners regarding boundary regulations and the definition of what constitutes a hedge.

The core of the dispute lies in the claim made by one property owner against their neighbor, insisting that the bamboo hedge be cut back to a maximum height of three meters and that it remains at that height in the future. This demand was previously rejected by the Higher Regional Court of Frankfurt, which determined that the neighbor had complied with the required boundary distance according to Hessen's neighbor law. Under this regulation, hedges taller than two meters must maintain a distance of at least 0.75 meters from the property line.

As part of the proceedings, the court is also examining the classification of bamboo under the term 'hedge.' The legal teams for both parties have presented differing interpretations of this classification. The plaintiff's representatives argue that a hedge must be regularly maintained and trimmed; thus, once it surpasses a specific height, it should no longer be considered as such. Conversely, the defense highlights the ecological and aesthetic benefits of the bamboo, depicting it as an integral component of garden design.

The BGH is also expected to address technical questions surrounding the measurement of the hedge's height, particularly as the plaintiff's property is situated at a lower elevation than that of the defendant's. This discrepancy raises the issue of whether the height measurement should be taken from the plaintiff's side of the property line.

The court's decision, scheduled for March 28, 2025, could have broader implications for property owners across Germany who are facing similar disputes over property boundaries and hedge heights.