Can I force my neighbor to better control his pet, as it is bothering me?
December 5, 2023 | 45,00 EUR | answered by Nina König
Dear lawyer,
I am reaching out to you with a question regarding neighborhood law that has been bothering me for quite some time. In my immediate neighborhood, there is a neighbor who owns a pet that regularly bothers me. This pet is a dog that often runs around without a leash and enters my property. This has resulted in damages to my property, such as flower beds or garden furniture. Furthermore, I feel intruded upon in my privacy by the dog's uncontrolled roaming.
I have tried to talk to my neighbor several times about the behavior of his pet, but without success. He does not seem willing to take the problem seriously and do something about it. Complaints to local authorities have also been ineffective so far. I feel powerless and do not know how to deal with this situation further.
Therefore, my question to you is: Are there any legal options to compel my neighbor to better control his pet in order to end my harassment? What steps can I take to enforce my right to peace and the integrity of my property? I would be very grateful for a legal assessment and possible solutions in this matter.
Thank you in advance for your assistance.
Sincerely,
Wilhelm Lippert
Dear Mr. Lippert,
Thank you for your inquiry regarding neighborhood law in relation to the nuisance caused by your neighbor's pet. I am sorry to hear that you have already tried unsuccessfully to resolve the issue informally and that authorities have not been able to intervene successfully so far. In such cases, it is important that you know your rights and, if necessary, take legal action to stop the nuisance.
First and foremost, it should be noted that the uncontrolled roaming of a dog on your property constitutes a disturbance to your property. According to § 903 of the German Civil Code (BGB), you have the right to protect your property from unauthorized interference. By entering your property without permission, your neighbor's dog is violating your property rights. Furthermore, the behavior of the dog can also be considered an unreasonable nuisance under § 1004 BGB as it affects your privacy.
To address the nuisance caused by your neighbor's dog, you have various legal options. First, you should try to talk to your neighbor again and ask him in writing to better control his pet and make sure it no longer enters your property. If this remains unsuccessful, you can file an injunction under § 1004 BGB. In this procedure, you can legally enforce that your neighbor controls his pet in such a way that it cannot enter your property anymore.
Furthermore, you also have the option to claim damages for the damage to your property caused by the dog. Here, you should document the damages incurred and, if necessary, consult an expert to determine the value of the damages.
In any case, I recommend seeking advice from an experienced attorney specializing in neighborhood law to assess your legal options and chances of success in this matter. An attorney can support you in enforcing your rights and help you put an end to the nuisance caused by your neighbor's dog.
I hope this information is helpful to you and wish you success in solving your problem.
Sincerely,
Nina König
Attorney specializing in neighborhood law
