How can I prevent my neighbor from maintaining his property in a way that affects my health?
September 7, 2023 | 50,00 EUR | answered by Oliver Ratzberg
Dear lawyer,
I am reaching out to you as I urgently need advice regarding a neighborhood dispute that is affecting my health. My neighbor, Mr. Müller, has been neglecting his property lately. The grass is overgrown, weeds are spreading, and there are even piles of trash lying around. This neglect has led to pests like rats and cockroaches settling in, which could endanger my health.
I am very concerned about my health and that of my family, as we have already noticed early signs of allergic reactions. I have kindly asked Mr. Müller several times to take care of his property, but he has ignored my request. Since I do not want to risk a direct confrontation with my neighbor, I am looking for legal options to prevent his negligent handling of his property from further endangering my health.
Could you please provide me with advice on how to legally address the neglect of the neighboring property? Are there laws or regulations governing the condition of a property, and what options do I have to bring about an improvement in the situation without provoking a neighborhood dispute?
Thank you in advance for your help and support.
Sincerely,
Uwe Pasche
Dear Mr. Pasche,
Thank you for your inquiry regarding the neighborhood dispute that is endangering your health. It is understandable that you are concerned and considering legal action to improve the situation without risking a conflict with your neighbor. Below, I would like to offer you some advice on how to address the neglect of the neighboring property.
First and foremost, it is important to know that neighborhood law in Germany is regulated in the Civil Code (BGB). Here, you will find various paragraphs that govern the relationship between neighbors and also contain provisions regarding the maintenance of properties. In particular, § 906 BGB regulates the limits of ownership and states that the owner of a property must ensure that no dangers or significant annoyances emanate from their property to neighbors.
In your specific case, where the neglect of the neighboring property is endangering your health, you could argue that Mr. Müller is violating his duties as a property owner. You could first try to find a solution with Mr. Müller in a personal conversation. If this is not successful, you could contact the relevant regulatory authority or building control authority and file a complaint about the condition of the property. These authorities are usually authorized to take action against neglect of properties and can require Mr. Müller to properly maintain his property.
Additionally, you could also consult a lawyer to represent your interests and potentially take legal action. A lawyer can help you assert your claims and, if necessary, file an injunction against Mr. Müller to bring about an improvement in the situation.
I hope this information helps you and that you find a solution to your problem. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Oliver Ratzberg
Ratzberg Lawyers
