The days are getting shorter, the leaves are colorful and the apple trees are full of fruit. How tempting! If you pick one, that's usually okay. But you are not allowed to take the fruit away in crates. That is a punishable offense. But there are a few other things to bear in mind ...
Sweep up leaves
Damp leaves pose a great danger of slipping. Therefore, the paths around the property must be swept regularly, otherwise you are in breach of your duty of care. But not every leaf has to be removed immediately. The Higher Regional Court of Schleswig-Holstein ruled that leaves only need to be swept at reasonable intervals, such as once a week. If you comply with this, you do not have to pay compensation if someone slips and injures themselves.
OLG Schleswig-Holstein, Ref.: 11 U 16/13
Chestnut hit
It's annoying when chestnuts hit the roof of a car and leave dents. However, there is no compensation from the tree owner, in this case the city of Aachen. Everyone must recognize this danger for themselves.
Regional Court Aachen, Ref.: 4 O 350/02
Falling fruit
Anyone who has a large fruit tree in their garden whose fruit also falls into the neighbor's garden must remove it if the quantity exceeds a reasonable level, but not several times a week for several hours. Incidentally, according to the German Civil Code (§ 911 BGB), the fallen fruit belongs to the neighbor.
AG Backnang, Ref.: 3 C 35/89
Leaves from the neighbor
It feels like mountains of leaves are trickling onto your own property from your neighbor's garden. Annoying. And who has to remove them? The person who owns the property. However, the judges restrict this to reasonable quantities. This means: if the planting is in keeping with the character of the surroundings. If someone has planted an entire forest in their garden, it becomes their responsibility.
BGH, Ref.: V ZR 102/03
Wildlife accident
Unfortunately, wildlife accidents also increase in the fall. If a collision occurs, comprehensive insurance is usually liable - but only if the animals involved are large. The court in Trier once ruled that anyone who swerves to avoid a fox and causes an accident as a result is acting with "gross negligence". In this case, the insurance company only had to pay 40 percent of the total damage.
Trier Regional Court, Ref.: 4 O 241/09