Legal issues in guerrilla gardening
We are often asked whether our products are even legal. Fortunately, we can reassure you: Our products are absolutely legal. However, their use is (officially) only limited. Even in times when municipalities are increasingly leasing public spaces to hobby gardeners (Google: Grabeland ) and mayors publicly delight in secret city gardeners, planting in public spaces remains property damage according to Section 303 of the Criminal Code . Private property may also not be landscaped without the owner's permission. This even gives rise to a claim for damages under Section 862 of the German Civil Code . If you plant fallow land, you also have no right to harvest the fruits of your labor or to dig up some plants later before the excavators arrive. Sections 94 and 946 of the German Civil Code clearly state that if you sow seeds on someone else's land, you lose the right to that land and everything that grows on it.
That sounds pretty daunting at first. In reality, however, I've never heard of a guerrilla gardener being prosecuted (with the exception of activities involving hemp cultivation, e.g., in Tübingen or Berlin ). Guerrilla gardeners now even include lawyers , who are otherwise always very worried about losing their licenses. So, it's now more of a minor offense.
So, we believe that "illegal" urban gardeners shouldn't face charges or even punishment. Ultimately, however, everyone is responsible for their own actions. For us, the most important thing is not to harm anyone. For example, don't throw seed bombs into front gardens painstakingly planted by others or onto (beautiful) public flowerbeds, don't plant tall flowers on traffic islands or traffic circles, and always use only seeds from native species!
Have you had any experiences with the law? Have you ever been stopped by the police? We would greatly appreciate your comments on this topic.
Image source: istockphoto.com / JoolsBerlin
