— Hello, editors of “MK in Germany”!
I recently received a notice that my neighbor plans to build a tall fence between our properties, which will shade my garden. I am against this construction because it will disturb my comfort and reduce the amount of sunlight.
What rights do I have in this case? Can I go to court to prevent construction? Is it possible to resolve this dispute peacefully?
My neighbour calls me a troublemaker. He also started throwing rubbish from his plot at us for a while and letting his dog rummage through the flower beds.
I am willing to seek a compromise. What does the law say?
Thank you.
Maxim K., Munich
— Dear Maxima!
The legal regulation of conflicts between neighbours is carried out on the basis of the provisions of the Civil Code (sections 903 to 924 of the BGB).
According to Section 903 BGB, the owner has the right to dispose of the property at his own discretion and to exclude any influence on it by other persons.
However, according to Section 906 BGB, this right can be limited if it affects the rights of third parties. According to case law, Section 906 BGB also applies in cases where a high fence significantly obscures a neighbour’s property and thus limits the latter’s right to use it at his discretion.
According to the regulations of the city of Munich regarding fences in front gardens, the height of the fence must not exceed 1.50 m. Otherwise, the rights of the neighbour are violated.
There are several ways to resolve a dispute.
The best option is to conclude a conciliation agreement. Arbitration committees or mediators who will take on the role of mediator will help you with this.
If the construction of the fence has already begun and you want the construction work to be stopped immediately, in this case you can apply to the district court for immediate legal protection in the form of a temporary construction ban. This will give you the opportunity to prevent the start of construction work until the dispute is resolved in the lawsuit.
After filing a claim, the court will check whether the construction of a high fence is a violation of your rights and, accordingly, its implementation is unacceptable. In this case, it will decide to prohibit the construction.
Attorney Irina ALEMÁN,
Lawyer Maxim BRITANOV, lawyer specializing in family law / lawyer specializing in migration law,
Britanow & Dr. Hirsch Law Firm
Telephone: 069 26 49 22 422
www.lawfactory-frankfurt.de | Email: info@lawfactory-frankfurt.de
Skype: law.factory | WhatsApp: +49 178 1689562
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