Neighbor dispute in the garden? How to protect yourself legally!

Neighbor dispute in the garden? How to protect yourself legally!

Conflicts with neighbors can quickly arise in the garden, especially if plants grow beyond the property boundaries. The legal framework for such disputes is often complex and can lead to disputes if those involved do not act in a timely manner. The Süddeutsche Zeitung reports that plant owners must be given a reasonable deadline to remove overhanging branches or twigs themselves. After this period, the neighbor can use the scissors himself, otherwise there is a risk of a claim for damages.

An important point is that entering the neighboring property without permission is not permitted, even if the deadline has already expired. This can be attributed to the traffic safety obligation, which requires regular inspection of trees for damage, diseases or pest infestation. The legal situation in Germany is regulated by various state laws, which can lead to uncertainty.

Legal aspects and neighborhood disputes

Neighborhood disputes can arise for various reasons. These include noise pollution caused by loud music or nightly celebrations, lack of clarity about border disputes or construction work that is perceived as disruptive. Using shared resources or having trouble with pets such as barking dogs can also lead to conflict. The Herfurtner law firm points out that neglect in garden maintenance can also cause disputes, particularly due to weeds or unkempt gardens.

In Germany, legal clarification often goes through neighboring law, which is written down in various laws. These include regulations on boundary distances, which can be found in the state neighbor law, as well as regulations in the BGB on noise protection. When building projects, it is crucial to be considerate of neighbors and obtain their consent.

Dealing with neighbors and escalation levels

In the event of conflicts with neighbors, it is advisable to remain calm and seek dialogue. A conversation should take place without personal attacks and it is advisable to use first-person statements and give specific examples. If disputes escalate, a step-by-step approach can be helpful:

1. Persönliches Gespräch
2. Gespräch mit Zeugen oder Hausverwaltung
3. Schriftliche Abmahnung
4. Einschaltung der Polizei
5. Einschaltung eines Anwalts

The legal situation plays a crucial role, especially when it comes to issues such as overhanging branches or oversized trees. In accordance with the traffic safety obligation, the owner of a tree is obliged to avoid danger to third parties. Damage, such as roots to buildings or pipes, must be borne by the owner. Private liability insurance can help in such cases, but it only takes effect if the traffic safety obligation is adhered to.

On the whole, it is advisable to seek discussion in the event of neighborhood disputes and, if necessary, to seek legal advice. This makes it easy to resolve many disputes before they escalate.