PressSplit
In autumn the leaves fall from the trees. There could be compensation for disposing of piles of leaves that few homeowners know about.
Pumpkins, chestnuts and colorful orange leaves: autumn is considered by many to be one of the most beautiful seasons. At the same time, there is work to be done: the beautiful sea of leaves has to be swept up and disposed of. Many people use leaf blowers for this, where there are a few rules to follow. You shouldn’t immediately throw green waste into the organic waste bin, as it can be useful in the garden, as echo24.de explains. All this work can be annoying, especially if the deciduous trees are next door. Sometimes consumers can take advantage of the so-called leaf pension. But how do you get this money?
Collect a leaf pension – there is actually money for this work
Probably very few people have heard of the so-called “leaf pension”. But they actually exist. Behind this lies a claim that citizens have when a large amount of leaves fall from trees on neighboring property onto their own. This means that there is a lot more gardening to do: not only do you have to dispose of your own leaves, but also those of your neighbors.
This effort can be compensated for by the neighbor paying financial compensation to the affected garden owner, explains lawyer Stephan Dingler from the “Association for Home Ownership”. This compensation is paid out annually, as Dingler explains further. How much money has to be paid depends on the additional effort involved.
Demanding a leaf pension from your neighbor – these are the requirements
So can you simply demand the money from your neighbor? Actually not. There are strict requirements, as Dingler explains: “The leaf rent can only be claimed if the leaves from the neighboring property cause an unreasonable burden.”
An unreasonable burden is regulated in Section 906, Section 2 of the Civil Code. According to this, this is the case if there is a significant “impairment due to the normal use of the other property”. Whether these requirements actually exist in individual cases is usually only decided in court, as there are no fixed definitions. Basically, however, they are as follows:
- Local quantity
- Reasonableness of the impairment
- Cleaning effort
Apply for a leaf pension: What are the chances of getting the money?
What are the chances of actually getting money for the extra work in the end? In fact, not necessarily high. The court immediately rejects many applications, writes lawyer Dingler.
Generali insurance reported a similar case in Munich. A woman had sued for a Laub pension. However, the court saw no claim and justified this by the fact that all neighboring properties were similarly planted. “If you live in the countryside, you sometimes have to live with leaf fall. The impairment is then local and seasonal,” writes the insurance company.
