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Hoeneß Wins Interim Ruling to Keep Two Linden Trees

A Munich court found the neighbour did not prove the trees stand inside a 1975 planting ban, leaving the case open to appeal or a full trial.

Overview

  • The Landgericht München II dismissed a neighbour’s emergency request on 24 September 2026 and allowed two lindens on Uli Hoeneß’s Tegernsee estate to remain for now.
  • The court said photos and online map extracts were not enough to show the trees sit inside the area covered by a 1975 Grunddienstbarkeit, citing how tiny mapping errors could change the result.
  • Hoeneß planted the two winter lindens in May as replacements for a maple in a tree group that has stood on the property for roughly 15–20 years.
  • The ruling was issued in an Eilverfahren, a fast interim hearing that decides urgent status-quo questions without witnesses or expert surveys and does not resolve the full factual dispute.
  • The neighbour can appeal the interim order or start a Hauptsacheverfahren to seek a final decision on location, rights and remedies, and the court said costs of the emergency proceeding are likely to be assigned to the losing party.