Solar panels and the neighbor's pine trees

Questioner

In 2006 I sent a registered letter to the neighbour, but I didn't get a response. In 2009 the neighbour was angry, we would destroy his trees, but he even did that with the grass trimmer, he also admitted. I asked what the purpose of the trees was, I said they would grow as high as the neighbours, no he said, I have them for sale. In 2013 I sent another letter stating that we had new panels on the garage roof and wanted to install solar panels, that it was not profitable now with the height of the trees. Also no response. On Monday 29 November I went to him and kindly asked if I could cut down Christmas trees for the village hall and if the rest could be removed. I had volunteers who wanted to help and I also said with your help it should work. We had a good conversation. I had to come up with a plan. On Thursday evening, December 2, a volunteer comes to say that he is not helping because he is tired, that same volunteer texts on Friday morning, have you been in contact with your neighbor, to which I text back, no, not yet. The same neighbor comes on Friday afternoon with a chainsaw and starts sawing, we had an appointment with the doctor. That sawing should not have been done, because the neighbor came angrily and said stay away from my trees. To which I said, I did not get the chance to come to you with a plan, by then the volunteer was already sawing. The volunteer had to go to the neighbor and sat there for hours. Saturday morning the volunteer came to say that the trees could be cut down, but that they had to be delivered and removed with roots and all costs would be for us. And that while the neighbor said in 2009 that he had them for sale and that they would not grow high. Now the solar panels have been in our garage since January 2021 instead of on top of it. The plot of land for the Christmas trees is approximately 60 x 5 meters. There are thick tree roots growing on our property in various places, the neighbor was not interested. Letters and photos are in our possession. I took photos on October 4th at 3:00 PM, there is no sun shining on the roof and on a whole part of our property.

Lawyer

What is the destination function of your neighbor's plot. Residential or agricultural or dual?

Questioner

It is agricultural, as a hobby farmer there are always sheep.

Lawyer

The zoning plan does or does not allow the planting of Christmas trees for commercial sale. Firstly, this means that you could request enforcement from your municipality if your neighbour's actions are in conflict with this. Secondly, the neighbour law also still applies. Unlawful sunlight or energy deprivation, serious growth of branches or roots, that is not allowed, and you could address your neighbour about it so that an opening can perhaps be found for a solution. If you think you could use some help with this or guidance through the entire process, please contact me at info@rechtinjestad.nl

Questioner

No idea if he has applied for a permit for commercial sales, I would have to inquire with the municipality! The neighbor is not amenable to reason, we are bothered by the trees and would like them removed, then we can cut them down and pay the costs ourselves according to him. While he said verbally in 2009 that they did not grow high, but were there for sale. Question: Are there any costs associated with guiding the process?

Lawyer

Yes, but within reason, I am not allowed to mention them here. You can see the examples on my website. In your case, I would first reverse the zoning plan from top to bottom and look for grounds to persuade your neighbor to settle with the lesser to avoid enforcement by the municipality, usually negotiation follows to avoid a lawsuit. The person who acts wrongly also feels that.

Questioner

Okay, thank you for your answer, I will first inquire with the municipality.

Lawyer

Yes, that is a good idea and you can also view the current bp by address via ruimtelijkeplannen.nl.