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Leaves in autumn: who has to clear the sidewalk | Portfolium
Leaves in autumn: who has to clear the sidewalk
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April 16, 2024 in Other
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Leaves in autumn: who has to clear the sidewalk?

When the colorful leaves fall in autumn, many homeowners ask themselves who is responsible for the leaves on the sidewalk and in the garden. Be it from public trees or even from the neighbors. We clarify the legal situation regarding who must sweep up and dispose of the autumn leaves.

Wet leaves on the sidewalk form a slippery layer and can pose a danger to pedestrians and cyclists. Therefore, it must be removed regularly and disposed of properly. But who is responsible for the foliage?

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Who is responsible for the leaves on the sidewalk?

Basically, the city administration or the municipality must ensure that public sidewalks and streets are free of leaves because they have the so-called traffic safety obligation. It is irrelevant whether the foliage comes from public trees or from private property. However, the obligation can be transferred to the homeowner by statute.

You should therefore ask your responsible administration which regulations apply in your city or municipality.

Do tenants have to sweep leaves?

If the city administration has transferred the obligation to clear to the homeowner, this obligation can be passed on directly to the tenants in the rental agreement. The duties for clearing leaves and snow and gritting services should be clearly regulated there. It is then either the responsibility of the tenants or a professional service provider is commissioned, whereby these costs are usually charged to the tenants as ancillary costs.

However, tenants only have to assume the obligations and costs for clearing leaves if this has been agreed upon in the rental agreement. If the contract does not contain such a provision, the landlord is responsible for this and can no longer demand this later.

When do leaves have to be cleared?

The times for clearing leaves correspond to those of the winter service. As a rule, therefore, sidewalks must be cleared of leaves on weekdays (Monday to Saturday) between 7 a.m. and 8 p.m. On Sundays and public holidays, the time window is between 9 a.m. and 8 p.m. You can also check with your municipality for local regulations to be sure. In addition to the times, the intensity and scope of the cleaning are usually regulated, i.e., whether the streets and the sidewalks have to be cleared of leaves.

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How much foliage is allowed on the sidewalk?

Since a complete removal of the leaves is hardly possible, the question often arises as to how many leaves can lie on the sidewalk. There are different court decisions on this. In a compensation case for a fallen pedestrian, the Coburg district court ruled that "footpaths in the area of ​​deciduous trees always have a certain risk of slipping when leaves fall" and that "pedestrians must be prepared for this ."Therefore, cleaning the path can only be requested within the scope of what is reasonable. (LG Coburg, 02/22/2008 - Az: 14 O 742/07)
As a guideline, the duty to clear increases as the number of leaves grows. Always make sure that there is no risk of slipping. Therefore, avoid a closed mulch and sweep immediately in the event of rain or frost.

Leaves from the neighbors: who has to sweep them?

A frequent topic of controversy is the leaves of other people's trees that are blown onto your own property. As a rule, this must be accepted without compensation, as must flower petals, seeds, needles, or pine cones. The property owner is then responsible for sweeping and disposal.

Although neighborhood laws vary depending on the federal state, in which boundary distances are defined and thus prescribe a minimum distance for trees to neighbors, this usually only applies to new plantings. If it is an older tree or if you have tolerated the foliage for a long time, a lawsuit has little chance of success.

The property owner is only entitled to a so-called leaf rent in exceptional cases, in the event of significant impairment, or if the effort required to remove it is disproportionately high. This compensatory payment is intended to compensate for the expense financially. In most cases, however, the courts dismiss the lawsuit for a leaf rent.

What is the best way to dispose of leaves?

Just a few deciduous trees are enough to produce large amounts of foliage. Composters and bio bins then quickly reach their limits. If you have the opportunity, you can leave small piles of leaves in the garden and thus offer hedgehogs and other small animals a safe place to winter. The leaves can then be gradually disposed of in the organic waste bin over the next year. It can also be used as frost protection by covering sensitive plants with a layer of leaves.

In many communities, you have the opportunity to hand in leaves free of charge at collection points and recycling centers in spring and autumn. In large cities, such as Hamburg, leaf bags are available, which are picked up at fixed times.
On the other hand, burning or unloading the leaves in the forest is punishable. Sweeping up the leaves into a large pile or sweeping them onto the roadway is also prohibited. This is an administrative offense because leaves can clog drains and cause flooding during heavy rain.

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Which garden tools are best for removing leaves?

For smaller sidewalks, a broom or rake is usually sufficient. Many garden owners prefer to use the leaf vacuum mulcher or blower with larger amounts of leaves or areas to be cleaned. These are electric, battery-powered, and petrol-powered. In the case of particularly loud devices, however, the noise protection ordinance must be taken into account so that they may only be used on weekdays between 9 a.m. and 1 p.m. and 3 p.m. and 5 p.m. On the other hand, if the best leaf vacuum mulcher has an environmental label, it is a very quiet device that can run continuously from 7 a.m. to 8 p.m.
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