Can my neighbor let his dog run on my property without a leash?
March 26, 2024 | 50,00 EUR | answered by Paul Heuser
Dear lawyer,
I am reaching out to you with a question regarding neighborhood law. My neighbor regularly lets his dog run without a leash on my property. I have spoken to him about this several times, but he remains uncooperative and claims that his dog is allowed to roam freely. This has led to conflicts and I am concerned about my safety and the safety of my property.
I have tried to find a mutually agreeable solution with my neighbor, but so far without success. I would like to know if my neighbor actually has the right to let his dog run without a leash on my property, or if I can take legal action to prevent this. Are there possibly legal regulations or ordinances that protect my right to undisturbed property?
I would greatly appreciate your support and any suggestions for resolving this situation and avoiding future conflicts with my neighbor.
Thank you in advance for your help.
Sincerely,
Erwin Waldner
Dear Mr. Waldner,
Thank you for your inquiry regarding neighbor law concerning the behavior of your neighbor in relation to his dog. It is understandable that you are concerned about your safety and that of your property, especially when the dog regularly roams around your property without a leash.
In general, every property owner has the right to use their property in a reasonable manner, as long as they do not infringe on the rights of their neighbors. In your case, your neighbor's behavior could be seen as a violation of your property rights, as the dog enters your property and may cause damage.
There are legal regulations and ordinances that protect your right to undisturbed property. The Civil Code (BGB) contains various provisions that regulate neighborly relations. In particular, §§ 903 et seq. BGB govern property rights and the limits of permissible use.
With regard to the specific situation with your neighbor's dog, the provisions of state or municipal law may be relevant. Many municipalities, for example, have issued ordinances requiring dogs to be on a leash to avoid conflicts and dangers. It is therefore advisable to check the relevant regulations in your municipality or city.
If your neighbor remains uncooperative despite your conversations and does not change his behavior, you may consider taking legal action to resolve the situation. For example, you could consider issuing a warning or even filing a lawsuit in court to enforce your right to undisturbed property. In this case, it would be advisable to seek advice from a specialized attorney in neighbor law.
I hope this information is helpful and provides you with possible courses of action. If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Paul Heuser
Attorney specializing in neighbor law
