German Court Rules No Height Limit for Hedges in Neighbor Dispute

The Bundesgerichtshof clarified that hedge classification depends on appearance, not height, and referred the case back to a lower court to verify boundary compliance.

The Bundesgerichtshof (BGH) ruled that there is no general height limit for hedges under German law, rejecting the plaintiff's claim that the six to seven-meter bamboo hedge lost its classification as a hedge due to its height.
The court emphasized that a hedge is defined by its appearance as a closed unit, not by its height, aligning with the general understanding of the term.
The case has been sent back to the Oberlandesgericht Frankfurt to determine if the bamboo hedge complies with the required 75 cm boundary distance, with measurements to be taken from the planting point.
The plaintiff argued that the hedge caused an oppressive effect and encroached on his property during adverse weather, while the defendant highlighted its ecological and aesthetic benefits.
The BGH reiterated that setting height limits for hedges is the responsibility of state legislators, not the judiciary, pointing out that some German states have already enacted such regulations.