What can I do if my neighbor regularly disposes of his trash on my property?
March 30, 2023 | 50,00 EUR | answered by Paul Heuser
Dear lawyer,
I am reaching out to you with an urgent problem that I am having with my neighbor. For some time now, I have noticed that my neighbor regularly disposes of his garbage on my property. This usually happens at night, so I only discover the unwanted waste in front of my door the next morning. The waste ranges from packaging garbage to garden waste.
I have tried to talk to my neighbor about this several times, but he reacts dismissively and claims that the garbage does not come from him. I have also tried to involve the police, but so far they have not been able to help me.
This behavior of my neighbor is very distressing to me, as I am constantly confronted with the disposal of his garbage and my property is being polluted as a result. I am also worried about potential conflicts that could arise from this situation.
Therefore, my question to you is: What legal steps can I take to prevent my neighbor from illegally disposing of his garbage on my property? Are there ways to hold him accountable and claim damages? I would greatly appreciate your support and advice on this matter.
Thank you in advance.
Kind regards,
Ralf Ullmann
Dear Mr. Ullmann,
Thank you for your trust and your inquiry regarding the issue of unauthorized disposal of waste on your property. This situation is undoubtedly very annoying and burdensome for you, so it is important that we find a solution together.
First of all, I would like to emphasize that the unauthorized disposal of waste on your property is a violation of neighborhood law. According to § 906 of the German Civil Code, every property owner has the right to ensure that their property is not affected by others. This means that your neighbor is not entitled to dispose of his waste on your property, not even at night.
In such a case, I recommend that you first approach your neighbor in writing and politely but firmly ask him to stop the unauthorized disposal of his waste. Document each contact with date and time to have evidence if necessary.
If your neighbor continues to claim that the waste is not from him, you may consider installing a surveillance camera on your property to gather evidence. If this does not have an effect, you can also involve a lawyer to obtain an injunction against your neighbor, prohibiting him from unauthorized disposal of waste on your property.
Furthermore, you have the option to claim damages to cover the costs of cleaning your property and any damages caused by the waste. It is important to gather all relevant receipts and documents to accurately quantify the damage.
In any case, I recommend not taking the legal steps lightly and seeking professional help to enforce your rights. I am happy to provide further advice and support.
Sincerely,
Paul Heuser, Lawyer
