Can I force my neighbor to clean his property, as it poses a threat to the environment?
August 8, 2022 | 55,00 EUR | answered by Nina König
Dear lawyer,
I am reaching out to you with an urgent question regarding neighborhood law. For some time now, I have noticed that my neighbor is neglecting his property and it is heavily polluted. There are piles of garbage lying around, weeds are growing uncontrollably, and overall it looks very uncared for. I am concerned that this situation is not only visually disturbing, but also poses a potential threat to the environment.
I have already tried to have a conversation with my neighbor, but unfortunately he shows no understanding or willingness to clean up his property. Because I am concerned about the environment in our neighborhood, I would like to know if there are legal options to force my neighbor to clean his property. Are there any legal regulations or provisions that require him to do so? Can I potentially take legal steps to enforce the cleaning of the property?
I am very worried about the environment and would like to find a solution to this problem. Please provide me with information on how to proceed in this situation and what legal means are available to me to compel my neighbor to clean his property.
Thank you in advance for your support and advice.
Sincerely,
Claudia Dörr
Dear Mrs. Dörr,
Thank you for your inquiry regarding neighborhood law. It is understandable that you are concerned about the environment in your neighborhood and want to find a solution to the problem of your neighbor's neglected property. Indeed, there are legal regulations and provisions that require your neighbor to clean up their property, especially if the neglect poses a potential danger to the environment.
According to § 906 (1) of the Civil Code (BGB), every property owner is obligated to use their property in a way that does not cause any disturbances to their neighbors. This includes the duty to properly maintain and clean the property. If your neighbor fails to fulfill this obligation and neglects their property, this can be seen as an "inadmissible interference" with your property.
In such a case, you have the right to take legal action to force your neighbor to clean up their property. I recommend that you first try to discuss the issue with your neighbor again and make him aware of the legal consequences of his actions. If he continues to show no understanding, you can hire a lawyer to enforce your claims.
You can file an injunction against your neighbor and have the court order him to clean up his property. In such a proceeding, fines or even imprisonment may be imposed to ensure compliance with the judgment. It is important that you gather all evidence proving the neglect of your neighbor's property in order to successfully enforce your claims in court.
I recommend that you promptly consult a lawyer specializing in neighborhood law to receive advice and support in enforcing your claims. Your lawyer will help you take the necessary steps and ensure that your neighbor fulfills his duties as a property owner.
I hope this information is helpful to you and wish you success in resolving your issue.
Sincerely,
Nina König
