Who owns the trees in your garden?

Questioner

I live in an apartment complex, have two trees in my backyard and am trying to find out who owns it: me or the VVE. The deed of division states the following: 'the apartment right, entitling the exclusive use of the home, located on the ground floor of the building, with garden and storage room, locally known as Kostverlorenkade 7-huis in 1052 EL Amsterdam, registered in the land register as municipality of Amsterdam, section Q complex designation 8326-A, apartment index 2, constituting an undivided one hundred and six/one thousandth (106/1000th) share in the aforementioned community' I read this as if I am the owner of the trees. Is this correct? And where can I find information about the care/maintenance obligation/responsibilities I have with regard to these trees?

Lawyer

Apartment rights give the right to ownership of the parts of the complex and adjacent plots. This also applies to livestock. BW 5 37 contains a prohibition on unlawful nuisance. It is usually interpreted broadly. Please feel free to email me if anything is unclear.

Questioner

Unfortunately, it is still unclear to me. Is the VVE a co-owner of the trees after all?

Lawyer

No, you are the owner. So you are also liable for maintenance. That obligation does not go far. Others can only appeal to it in the event of serious nuisance.