Home garden

Home garden – garden expert Thomas Bauer

The activities in the home garden area, green areas in apartment buildings (WEG), public green areas and leisure gardens are thematically summarized below.

Appraisal

The appraisals can refer to individual woody plants and plants, whereby the term “woody wood valuation” or “tree valuation” is often used here. Colloquially, the term „garden appraisal“ is often used in a simplistic way.

External events, such as public intervention in the property, such as road expansion, track expansion or flood protection, may also require an appraisal.

As a rule, the project sponsor, i.e. the municipality, the municipality, the city, the Deutsche Bahn or the water management office, to name just a few, commission an expert to determine the values. If there are any doubts about the results, a review can be carried out. For this purpose, the values are determined on a case-by-case basis using suitable methods.

In the case of woody plants, the value is usually determined using the Koch method, which is recognized by the BGH.

Preservation of evidence

 

Preservation of evidence is important in two categories:
private preservation of evidence and judicial preservation of evidence.

For example, before construction work is carried out, private evidence is saved to record the condition of plantings and buildings. In the event of damage (damage to or death of plants), evidence can then be provided that the damage is attributable to the construction project.

Documentation of conditions may also be necessary in the context of private law agreements or for comparison purposes.

Judicial preservation of evidence is commissioned in the context of legal disputes that are to go to court or are already being negotiated in court.

The court selects a publicly appointed and sworn expert who can answer the questions due to specialist knowledge being the basis of his appointment.

In this context, it should be noted that the selected expert is also responsible for the questions. For questions about allotment gardens, a sworn allotment garden expert should therefore be selected by the courts.  An alternative type of expert who has been sworn in for a green subject such as tree care, agriculture, etc., can be rejected by one or both parties.

As a rule, an on-site meeting with the disputing parties and their legal representatives is held to deal with necessary services like plant control, small repairs, overhangs and the like. The on-site meeting also provides an appropriate time to complete the necessary measurements and gathering of data for an evidence preservation expert opinion.

After the on-site visit, the evidence will be sent to the court so that the court can forward the copies to the parties impartially.

Due to the preservation of evidence in the report, further questions can arise. These new issues are then passed by court to the expert for an answer.

Expert reports

Expert opinions are usually structured in the following manner: after a description of the issue, the general technical and legal basis is discussed, followed by fact-finding and documentation, as well as a technical assessment, and then concluding with the expert’s opinion.

A distinction can be made between:

  • Private reports & appraisals
  • Legal reports & appraisals
  • Insurance reports & appraisals
  • Other types of report(s) / appraisals

Private reports can ask if there are deficiencies in accordance with garden regulations (examples like insufficient allotment lands, wilderness, etc.), as well as answer the question of how a possible deficiency can be remedied.

Often private reports are evidence preservation documents that present a site situation and explain the necessary corrective measures. In these types of reports, the focus is on documentation, professional assessment, and advice. As part of the consultation, additional technical aspects pertinent to the situation may be identified.

Judicial reports and appraisals are commissioned by the courts in the context of a legal dispute. With these, the expert must adhere exactly to the questions raised by the law (i.e. pertaining to evidence for the ruling). The expert appraiser does not introduce new aspects; rather he maintains the narrow legal focus, even if additional technical information is available.

To substantiate the legal issues of the dispute, evidence is gathered at an on-site meeting.

The disputing parties receive their legal reports from the court through their lawyers. Additional aspects not listed in the legal decision can then be brought into the process through appropriate legal representation.

Insurance reports can be commissioned by both the insurance company and the injured party. It is always advisable to have damages assessed by a publicly appointed and sworn expert appraiser. Publicly appointed and sworn appraisers are often commissioned by insurance companies, especially in the case of larger damages.

After a damaging event, it must first be clarified which insurance is responsible and who is hiring the expert. In the event of fire damage to allotment arbors, the insurance company usually commissions the expert.

“Other” types of reports fall under a collective umbrella for a large number of relevantly dissimilar types of documentation, assessments, appraisals, and written reports.
Lawyers, allotment garden organizations, cities, and landlords commission expert opinions and appraisals on new and/or emergent issues in order to secure technically flawless approaches from the outset.

Basic reports on elementary problems also fall under this category: for example, the calculation of administrative fees in allotment gardening based on theoretical case constellations. Legal appraisals, i.e. the professional review and evaluation of reports, securing evidence or statements that have been prepared by other experts or companies, are of great value for the client and are also applicable here.

Furthermore, long-term contracts for control, monitoring of objectives or the course of damages should be mentioned. In this context, projects with an existing garden issue (e.g. an allotment plot problem) are rectified with expert assistance.

Neighborhood law

The following measurements and assessments are carried out by the expert Dipl.-Wirt.-Ing. (FH) Thomas Bauer performed frequently.

  • Measurements of the shadow cast and the shading periods
  • Age determination (planting and intervention time determination)
  • Assessment of care measures
  • Limit distance measurements
  • Determination of overhang and impairment
  • Appraisal, e.g. in the event of unauthorized interference

In addition to these frequently requested topics, your individual questions will also be thoroughly and expertly examined and assessed. Some measurements and assessments are to be presented in the following picture gallery.

Do you have any questions or would you like an offer?

Then call me at
Tel. Augsburg (headquarters): +49 (0) 821 66 104 85
Tel.: +49 (0) 8161 976 9746
Mobile: +49 (0) 179 666 4881
or write an email to: info@gartenbewertung.de
or use the contact form.

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