Ownership of the tree in your allotment garden

Questioner

Who owns a tree in my allotment? The association or me? The tree was already there before I rented the garden.

Lawyer

Then it belongs to the landlord. He is then responsible for the maintenance and/or removal of the tree.

Lawyer

The owner of the land is also the owner of everything that is built in or on the land and is intended to remain there permanently. Such as the tree. The tenant must take care of the tree. If you want to remove the tree as a tenant, you need permission from the owner, unless otherwise agreed in the lease.

Lawyer

The owner of the land is also the owner of the tree by accession. As a tenant, you have only been granted the right to use the land and everything on or in it during the term of the lease. The removal of the tree is reserved for the owner only.

Questioner

From this I understand that the association that rents the land from the municipality is the owner of what is present in the garden and must remain sustainable, like all trees and shrubs.

Lawyer

No, the owner of the land is the owner of everything in the ground. If the association rents the land from the municipality, then the association is not the owner and the municipality (most likely) is. Hopefully, in addition to the lease agreement, a building right has been arranged so that your plants and vegetables become and remain your property. But that goes a bit beyond your question.