Years of conflictAargau neighbors fight in court over garden plants
Dominik Müller
24.8.2024
A neighbor dispute over garden plants has been simmering in the canton of Aargau since 2015. A judge ultimately had to decide what is allowed and what is not.
24.08.2024, 14:50
24.08.2024, 14:59
Dominik Müller
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In the canton of Aargau, a court has had to rule on the legality of garden plants.
A conflict between neighbors has been simmering since 2015.
A conflict between neighbors has been simmering in Aargau for years. There is no stone involved, but rather plants: the Näf* family is taking the Moser* family to court because their hedges and trees are too high and protrude into their garden. The preliminary highlight of the dispute: a hearing at the district court, as reported by the "Aargauer Zeitung".
Specifically, it is about a blood plum, a hazel and a hedge with cherry laurels. To get an overview, the families involved and their lawyers meet with the judge on site. According to Ms. Moser, she had trimmed back the branches the day before. According to Ms Näf, she always does this: "The plants are always pruned before official appointments," she is quoted as saying.
According to the Aargau property law, plants may reach a height of 3 meters for stand-alone plants. If the cherry laurels were considered a hedge, only 1.8 meters would be allowed. After almost 20 minutes of measuring plants and boundaries, the judge finally moves the hearing to the courtroom.
Dispute ends in settlement
The conflict has been simmering since 2015. Personal talks had failed, and a justice of the peace was also unsuccessful.
She doesn't understand what her neighbors' problem is, says Ms Moser in court. "Since she moved in, a letter has arrived every six months with new demands," she is quoted as saying by the Aargauer Zeitung newspaper. Ms Näf replies: "It's always about the same thing: The law is not being complied with, the branches are growing into our garden." The plants were taking light away from them.
The matter ultimately ends in a settlement: the cherry laurels are cut back to 2.5 meters in February and October, and the blood plum and hazel are felled. In view of the court and legal costs, it is to be hoped that peace will now return.