Can I force my neighbor to leash his dog if it constantly barks?
June 10, 2023 | 50,00 EUR | answered by Lucas Schmidt
Dear lawyer,
My name is Greta Meyer and I live in a small settlement with close neighborhood relations. Some time ago, a new neighbor moved in who owns a large dog. Unfortunately, this dog barks constantly, especially at night, disturbing the peace in our settlement. I have already politely asked my neighbor several times to please leash his dog when he is outside, but so far nothing has changed. I feel harassed and disturbed by this and wonder if I can take legal action against it.
My concern is to find out if I can force my neighbor to leash his dog in order to restore peace and harmony in our neighborhood. I am worried about my own quality of life and that of my neighbors, as the noise of the barking dog deprives us all of sleep and strains our nerves. Are there legal options to find a solution to this problem? Can I sue my neighbor for injunction or are there other legal steps I can take?
I hope you can help me with your expertise and experience in this field and show me ways to address the constant barking of my neighbor's dog. I look forward to your support and thank you in advance for your help.
Sincerely,
Greta Meyer
Dear Mrs. Meyer,
Thank you for your inquiry regarding the constant barking of your neighbor's dog and the possible legal steps you can take against it. As a lawyer specializing in neighborhood law, I am happy to assist you with this.
First of all, it is important to know that the constant barking of a dog can indeed be considered as noise pollution that disrupts the right to peace and relaxation. In Germany, there are regulations to protect against noise pollution, which also apply to animal noise. For example, local regulatory authorities stipulate that pet owners must ensure that their animals do not cause significant noise that disturbs the neighbors.
In your case, you have already tried to politely inform your neighbor that his dog should stop barking constantly, but without success. In the next step, you could contact the local regulatory authority or the relevant environmental office and file a complaint about the noise pollution caused by the dog. The authority is then obliged to investigate the matter and take measures if necessary to end the noise pollution.
Furthermore, you have the option to sue your neighbor for injunction. For this, you would need to hire a lawyer who initiates the necessary legal steps. In such a process, it would be examined whether there is indeed a significant impairment of your quality of life due to the constant barking and whether your neighbor can be obliged to leash his dog or take other measures to end the noise pollution.
It is important that you document all your efforts to resolve the conflict peacefully. For example, keep track of the times when the dog barks, and all your conversations and written requests to the neighbor. This information can be helpful in case of a legal dispute.
I hope that I could assist you with this information and wish you success in solving this problem. If you have any further questions or need legal assistance, do not hesitate to contact me.
Sincerely,
Lucas Schmidt, Lawyer
