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Germany's Top Court to Rule on Bamboo Hedge Dispute

The Bundesgerichtshof is set to decide whether a towering bamboo hedge meets legal boundary requirements and qualifies as a hedge under Hessian law.

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Overview

  • A six to seven-meter-high bamboo hedge in Hessen has led to a protracted legal dispute between neighbors, reaching Germany's highest civil court.
  • The plaintiff demands the hedge be reduced to three meters, citing its encroachment on his property and its overwhelming visual impact.
  • The Bundesgerichtshof is examining whether the bamboo qualifies as a hedge under Hessian neighbor law, which grants hedges specific legal privileges.
  • The court has expressed doubts about whether the hedge complies with the required 0.75-meter boundary distance, which could impact the case's outcome.
  • If boundary violations are confirmed, the case may be remanded to lower courts for further evidence collection, potentially granting the plaintiff the right to demand a reduction.