Can I report my neighbor if he disposes of his garbage in my garden?
July 27, 2023 | 40,00 EUR | answered by Paul Heuser
Dear lawyer,
I am reaching out to you as I urgently need advice in a difficult neighborhood situation. My neighbor, Mr. Müller, regularly disposes of his rubbish in my garden without seeking my permission. This unpleasant situation is very distressing to me, as I value my garden as a retreat and recreational area.
The current situation is as follows: I repeatedly find rubbish bags, empty bottles, and packaging in my garden that clearly do not belong to me. Despite multiple requests and warnings, Mr. Müller's behavior has not changed. It seems as though he is intentionally using my garden as a rubbish disposal site.
This unpleasant situation is causing me great concern. Not only am I frustrated by the pollution of my garden, but also by the disrespectful behavior of my neighbor. I feel violated in my privacy and I want to finally find a solution to this problem.
Therefore, my question to you: Can I report my neighbor if he disposes of his rubbish in my garden? Are there legal steps I can take to compel him to follow the rules? What options do I have to protect my property from further pollution?
Thank you in advance for your help and I look forward to your response.
Sincerely,
Anna Weber
Dear Mrs. Weber,
Thank you for your trust and your inquiry regarding the unpleasant situation with Mr. Müller as your neighbor. I am sorry to hear that you are confronted with this situation and are unable to fully enjoy your garden.
Regarding the disposal of trash in your garden by your neighbor, there are indeed legal steps you can take. First and foremost, it is important to know that the so-called Immission Control Law is relevant in this case. This law states that no one is allowed to dispose of trash on your property without your permission. This right is protected by the property law, which states that as the owner of your property, you have the right to determine what happens there.
Therefore, if Mr. Müller continues to dispose of his trash in your garden, it is an unauthorized act that you can legally address. You can first ask Mr. Müller in writing to refrain from this unauthorized behavior. If he continues, you can file a restraining order against him. In such a case, the court could compel Mr. Müller to change his behavior and award you appropriate compensation for the damage caused.
Additionally, you could involve the local regulatory authority to address Mr. Müller's behavior. Within their jurisdiction, they can take measures to ensure compliance with the rules and prevent further pollution of your property.
I strongly recommend seeking legal advice and considering the mentioned steps to compel Mr. Müller to comply with the rules and protect your property from further pollution.
I hope this information is helpful to you and wish you success in resolving this issue.
Sincerely,
Paul Heuser
