How can I persuade my neighbor to regularly maintain his garden in order to keep pests away?
August 13, 2022 | 40,00 EUR | answered by Nina König
Dear lawyer,
I am reaching out to you with a question regarding my neighbor law. My neighbor has been neglecting the maintenance of his garden for some time now, which has led to an increase in pests settling there. These pests are slowly spreading to my garden as well, causing damage to my plants. I have spoken to my neighbor about this issue several times, but he has been very dismissive and refuses to take any action.
The situation is becoming increasingly burdensome for me, as I am concerned that my own plants could be permanently damaged and I may suffer financial losses as a result. I have tried to reach a mutually agreeable solution with my neighbor, but so far, without success.
Therefore, my question to you is: What legal options do I have to compel my neighbor to regularly maintain his garden and thus contain the pest problem? Are there any laws or regulations that could assist me in this case? How can I proceed legally to protect my interest in a well-maintained neighbor garden?
I thank you in advance for your support and advice on this matter.
Sincerely,
Lina Hacker
Dear Mrs. Hacker,
Thank you for your inquiry regarding neighborhood law and your issue with your neighbor's neglected garden. It is understandable that you are concerned about your own plants and seeking a solution to this problem. In such cases, there are indeed legal options to compel your neighbor to maintain his garden and control the pest problem.
First and foremost, it is important to know that neighbor law in Germany is regulated in the Civil Code (BGB). Here, various paragraphs can be found that govern the relationship between neighbors. In the context of neglected gardens and pest problems, § 906 BGB is particularly relevant. This states that a property owner is obligated to ensure that their property does not cause any disturbances to others. This includes damages caused by pests spreading from the neglected property to neighboring properties.
In your case, you could initiate legal action against your neighbor based on this paragraph. I recommend that you first try to have a conversation with your neighbor again and make him aware of the legal consequences of his actions. If he continues to be uncooperative and refuses to take action, you could involve a lawyer who can assist you in this matter.
One possible legal step would be to initiate court proceedings for injunction. In this case, you could request in court the removal of the pest problem and the regular maintenance of the garden by your neighbor. Additionally, a claim for damages for the already incurred damages to your plants could be considered.
It is important to emphasize that each case must be considered individually, and it is advisable to seek advice from a specialized lawyer in neighbor law. They can provide you with more detailed information about the legal options in your specific case and support you in enforcing your rights.
I hope that this information is helpful to you and wish you success in resolving your issue with your neighbor.
Sincerely,
Nina König, Lawyer specialized in neighbor law
