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=S=> BGB 923. 1 Where there is a tree standing on the boundary , the fruits and , if the tree is felled , the tree itself belong to the neighbours in equal shares .
=S=> BGB 923. 2 Each of the neighbours may require the tree to be removed . The costs of the removal are borne by the neighbours in equal shares . The neighbour who requires the removal , however , must bear the costs alone if the other neighbour waives his right to the tree ; in this case he acquires sole ownership upon the separation . The claim to removal is excluded if the tree serves as a boundary marker and in view of the circumstances cannot be replaced by another appropriate boundary marker .
=S=> BGB 923. 3 These provisions also apply to a bush standing on the boundary .
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