Overview
- On Thursday the 12th Civil Chamber of Landgericht München II dismissed the neighbour’s interim claims seeking removal of two lindens from Hoeneß’s Bad Wiessee property, allowing the trees to stay for now.
- The court said the neighbour did not credibly prove the trees stand inside a 1975 land servitude that bans planting in a defined area and noted that tiny mapping or data-entry deviations could change the position.
- The judge ordered the neighbour to pay the costs of the interim proceeding, making the decision immediately binding on costs but not final on the merits of the underlying dispute.
- The ruling is not yet final because the neighbour has one month to file an appeal or may bring a Hauptsacheverfahren, which could lead to a full boundary and property-rights trial with detailed surveys.
- The lindens were planted by Uli and Susi Hoeneß in May 2026 as replacements for a damaged maple, and the court noted signs that the dispute may reflect longer-standing tensions between the neighbours rather than only the two trees.