Overhanging oak tree of the municipality

Questioner

For a number of years I have been trying to persuade the municipality of Assen to cut down a tree or prune it drastically because of overhanging branches of an oak tree. The trunk of this tree is about 5 meters from the property line. I have tried to persuade the municipality to take action with arguments. Apart from the shadow effect, it produces many oak nuts and leaves at the end of each year. The municipality has done a shadow measurement twice at my request, but the tree still does not produce enough shade in my garden to cut it down. The leaf nuisance and the many oak nuts in the garden are seen as 'just part of it'. The ends of the branches, where the leaves and oak nuts hang in the tree, hang more than a meter above my property and will increase every year. My question is to what extent am I within my rights to summon the municipality to remove all overhanging branches, despite the fact that these branches hang at a height of 8 to 10 meters. In addition, it is of course a protected tree. I look forward to hearing from you. Kind regards,

Lawyer

The tree plan states how this tree should be handled in terms of maintenance, large and small. In addition, there is the neighbour law that also applies between you and the municipality. Overhanging branches must be removed and if the summons is not complied with, you may do this yourself at the expense of the owner (the municipality). I do recommend that in that case the summons be written by a lawyer who can also check the tree plan so that you are not liable later and can recover the costs. If you want that, please contact me.