The neighbor's leaves have been clogging the gutter for several days. The rainwater can no longer drain away and overflows. Who can now be held responsible?
Who is responsible if the neighbor's leaves clog the gutter?
If a neighbor's leaves clog the gutter, the homeowner is responsible for removing it, unless the local standard is exceeded. Compensation can be claimed for regular cleaning costs. Leaves can be removed with a gutter brush or prevented using leaf guards.
Does the neighbor have to clear the leaves in the gutter?
The neighbor has to clear the leaves in the gutternot. According to the law, the owner of the respective property or the house owner is responsible for this. This means that your neighbor does not have to remove the leaves on your property, even if the leaves come from trees on their property.
When is the neighbor responsible for the leaves?
Only when thelocal measurehas been exceeded and the use of the property is severelyimpaired can your neighbor be held responsible. In such cases it is even possible to take legal action.
Can compensation be claimed for leaves in the gutter?
Ifregular cleaning costs are incurred for the gutter, compensation or a compensation payment can be demanded from the neighbor. Not only the high costs, but also the time required and the danger of working at roof height justify a claim for damages. However, one-off cleaning work does not allow a claim for damages.
What can you do to keep the leaves away from your neighbor?
Talk to your neighbor and ask them tooverhanging branchescuttrees that are too close to your property line, should be cleared if they are not protected. This means that a large part of the neighbor's leaves can stay away from your own property. Alternatively, you can claim a leaf pension.
In general, mutual consideration is the top priority among neighbors. So try to accommodate each other and find the best solution for all parties.
How to remove leaves from the gutter?
The leaves can be removed from the gutter, for example, with agutter brush. If such contamination occurs frequently, it is advisable to use special leaf protection such as a corresponding grille for the gutter.
Tip
Carry out regular inspections
Check the gutters regularly in autumn if trees are too close to the house. It is better to act early than to act too late when everything is already blocked. The leaves soak up rainwater and are then difficult to remove from the gutter and downpipe.
