As temperatures rise, many homeowners are once again spending more time in their gardens or on their patios. At the same time, conflicts over privacy screens, property lines, and fast-growing plants tend to increase during the spring and summer months. A particularly common issue is the question of when a planting is legally considered a hedge—and what boundary distances or height requirements must then be observed.
The Federal Court of Justice (BGH) clarified important criteria in this regard in its ruling of March 28, 2025 (Case No. V ZR 185/23). In doing so, the court not only clarified under what conditions bamboo can also be classified as a hedge, but also, in particular, which characteristics are decisive for legal classification and from which ground level the height of a hedge is to be measured.
What was the case specifically about?
The Federal Court of Justice’s ruling was based on a neighborhood dispute in Hesse. The owners had planted bamboo along their property line, which over time grew to about six to seven meters and served as a dense privacy screen. The neighbors therefore demanded that it be trimmed. One of the reasons for this was that Hessian neighbor law stipulates certain boundary distances for hedges depending on their height.
The Federal Court of Justice clarified that the botanical classification of the plants is not decisive for their classification as a hedge. Rather, the decisive factor is whether several plants, in their overall appearance, fulfill a
closed, privacy-shielding, or demarcating function. Bamboo can also meet these requirements if it is arranged and maintained accordingly. “The Federal Court of Justice makes it clear that it is not the plant species that is decisive, but the specific effect of the planting. What matters, therefore, is whether the plants are perceived, much like a traditional hedge, as a privacy screen or a natural boundary,” explains Dr. Tim Wistokat, LL.M., attorney and Head of the Legal Department at VON POLL IMMOBILIEN.
Furthermore, the ruling addresses the question of the ground level from which the height of a hedge should be measured. In the opinion of the Federal Court of Justice, the natural ground level is generally decisive. “Especially on sloped properties or filled-in areas, the measurement of height can have significant practical implications. Even minor differences in ground level can determine which boundary distances must be maintained,” says Dr. Wistokat.
No General Height Limit
At the same time, the Federal Court of Justice made it clear that permissible boundary distances and requirements for hedges continue to be governed by the respective state neighbor laws. The decision therefore does not establish a uniform nationwide height limit, but rather clarifies the criteria for legal classification and height measurement.
Especially with fast-growing plants such as bamboo, it is therefore advisable to consider potential impacts on neighboring properties at an early stage. In addition to height, issues such as shading, root spread, or the overall appearance of the planting may also play a role. “Many property owners assume that there are uniform nationwide guidelines for hedge heights. In reality, however, the regulations differ—sometimes significantly—depending on the state. Especially with tall or densely growing plants, it is therefore advisable to consult with neighbors at an early stage,” explains Dr. Tim Wistokat of VON POLL IMMOBILIEN.
Conclusion
With its decision, the Federal Court of Justice has clarified important guidelines for neighbor law. The focus is less on the question of whether bamboo is botanically classified as a hedge, but rather on the conditions under which a planting can be classified as a hedge overall and how its height is to be legally determined.
“The decision shows that in neighbor law, the concrete effect of a planting is always decisive—not its botanical classification. At the same time, the Federal Court of Justice strengthens legal certainty regarding the issue of height measurement. Especially with dense privacy-screening plants such as bamboo, it is therefore advisable to keep an eye on boundary distances and state-specific legal requirements at an early stage,” summarizes Dr. Tim Wistokat, LL.M., attorney and Head of the Legal Department at VON POLL IMMOBILIEN.
