Stoisits: Viennese Cemeteries: Damage to graves cause by tree roots

Viennese Cemeteries: Damage to graves cause by tree roots

ORF-Series "Bürgeranwalt" (“Advocate for People”) – Broadcast of November 15th, 2008

In cemeteries in Vienna damage to graves is caused again and again by the roots of old trees. Friedhöfe Wien GmbH is of the opinion that the persons with the right to use graves have to bear the costs of the necessary repairs to them. Three examples were presented in the broadcast and for each of them the management of the cemeteries suggested a solution. However positive these responses may be in individual cases, the Office of the Ombudsperson remains critical in principle.

The first case was that of a grave of Mrs. B.K.’s ancestors at the Wien Meidling cemetery. Due to the extremely deep roots of a tree growing next to this grave, the headstone and the edging became tilted. It has to be noted that for this grave there is a right of use for the lifetime of this cemetery. Mrs. B.K. was requested by the Friedhöfe GmbH to bring the grave into a proper state of repair by 31.10.2008, otherwise the right of use would be declared lapsed. In the late 1960s the father, who had died in the meantime, had arranged the repair at his own costs and urged the City Council Department MA 43 to have the tree felled. Upon a query by the Office of the Ombudsperson, Wiener Friedhöfe confirmed that there was an ash tree next to the grave, which in their opinion had to be regarded as worthy of protection pursuant the Viennese Protection of Trees Act and therefore a removal could not be considered. Furthermore, the opinion prevailed that this was a case of force majeure and therefore there was no liability. As an exhumation was no longer possible, it was suggested to move the grave.
During the shooting of the program the following solution was found: The body should remain at the same place but the complainant would be granted a right of use for a different grave at the Meidling cemetery.

„Enquired“ to the broadcast on 5.4.2008:

This case also concerned damage to a grave caused by growing tree roots – this time at the Central Cemetery Vienna. The tree growing behind the grave in question damaged the structure so badly that there was the risk of the headstone falling down. In November 2006 already the headstone was taken down and laid on the grave. Although the approx. 10 meters high maple tree was cut down, the root and trunk remained in the ground. As a result the roots cracked the edging of the grave even further and thus increased the damage. The City Council of Vienna pointed out again, that the person with the right to use the grave was under a duty to maintain the grave in good repair. After the broadcast on 15.11.2008, the following solution was presented in the part of the broadcast „Enquired“: the root stock was removed and the edging of the grave and the headstone were re-erected. The costs incurred were shared between the complainant and Friedhöfe Wien GmbH.

This case induced Mrs. S to turn to the Office of the Ombudsperson. Her case was about damage to her family grave at the Inzersdorf cemetery. She had contacted the City Council Department MA 43 on several occasions with a similar concern. In fact, the roots of the tree in question were removed and also several other trees felled in this row of graves, a repair of the grave was however refused. Thereupon Mrs. S. decided to have the grave repaired at her own cost but did not accept that she had to bear the whole costs of € 505 herself. Again, during the shooting of the program a solution was found: Friedhöfe Wien Gmbh offered to undertake maintenance and care of the grave for one year and this way Mrs. S receives a refund of approximately half her costs, a thoroughly acceptable offer.

Concluding Ombudsperson Stoisits was critical that the solutions shown were only found after pressure from the Office of the Ombudsperson or the ORF broadcast and that in many other cases the persons affected had not been offered any help. Noticeable as well was the fact that the City Council of Vienna focused particularly on graves with a right of use for the lifetime of the cemetery. She demanded transparent working methods and pointed out that at present not even the cemetery fees were published.