The background of the present decision is a legal dispute between a castle owner (as plaintiff) and the owner of the neighboring forest (defendant). After acquiring a medieval castle ruin in 2014, the castle owner was disturbed by the tall trees that had been growing for decades (thus also at the time of purchase) on the neighboring properties directly next to the castle walls.

Castle owner sues over trees: Legal context

According to principles of neighbor law (§ 364 Austrian Civil Code), a property owner can demand the removal of shade caused by trees or plants from their neighbor if it exceeds the customary level according to local conditions and if this leads to an unreasonable impairment of the use of the property.

Castle owner sues over trees: Decision of the Supreme Court

While it is understandable that tall trees can reduce the amount of light entering neighboring buildings and thus cause disturbance, consideration must be given to the local conditions at the time of purchase: According to the Supreme Court, someone who acquires a property with a building in the middle of a forest cannot demand the removal of the forest.

Sources

Supreme Court homepage, Austrian Legal Information System (RIS)

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