According to the judicial reasoning is not only to take into account that the larch; planted not by the current owners of the land, but the previous owner also the current owner of the tree would not anticipate also the impending damage of the rain pipe. A root Ingrowth in pipes is possible only when appropriate before damage, so that an any pipes and damage to the seal for the tree owner without concrete evidence of such was not predictable. It should also be in mind, so the judge, that roots have no way to enter (drilling function), active lines, but are only able to use even the smallest tube cracks/seal defects for the development of its water supply due to penetration. The court-appointed expert has understandably executed in his opinion. Therefore, the reimbursement of costs for the removal of damage was more accurate,: the Repair of the pipe damage, rejected.
However the injured party against the tree owner had a claim to eliminate the roots of the trees, which had penetrated on his property. This does not it a fault of the owner of the tree at, but only that a disturbance of neighboring property go out of his land, what has been the case. After the victim has eliminated them in the meantime itself, he can from the tree owner according to the established case-law of the Bundesgerichtshof (BGH, judgment of the 28.11.2003, V ZR 99/03) call for only the cost of the troubleshooting for that amount. However, can the costs for measures that were not the Elimination of the primary fault, but the Elimination of further consequences, E.g. caused by moisture in the basement, not towards the tree owners are claimed, so the judicial verdict.
This judgment clarifies the convenience a preventive inspection of TV. Had the victim in regular intervals an investigation causes, could he be the cost for the removal of the root face neighbors charged. Also during the inspection of drainage as well as root Ingrowth still strong deposits (sedimentations), water sewage, minor pipe damage etc. detected, additional measures can be taken, which are much cheaper than the actual cost in the event of damage, especially since the building insurance does not fully. Just when the drainage in the mixing system, at the so the dirt and rain water together to dispose of the full cross-section of the system for the transport of waste water quantities should be in the rain. Otherwise, owners then also close running threat that the drainage system is returned Tau threatened and someday in the truest sense of the word”is. And what that can mean, has impressively demonstrated the appeal court ruling. Drain AS Alliance is the pioneer in the field of work on drainage and since 1969 continuous Improvement, specialization of their work and satisfaction of customer needs have priority at the drain AS Alliance. The services offered include Eatment. Consulting, TV inspection, leak testing, equipment repair, planning and installation of rainwater drainage systems (Rigolen), backup storage, lifting equipment service, drainage pipe location, creation of the stock plan, drain pipe cleaning, individual maintenance.