Disputes around dogs in the garden


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The dog is known to be the best friend of man - but with continued barking the friendship ceases and the good neighborly relations with the master are put to the test.

As a rule, the dog barking in the neighboring garden can not last more than 30 minutes daily. Also, you can usually also insist that dogs no longer than 10 to 15 minutes continuously barking (OLG Cologne, Az. 12 U 40/93). As a neighbor, you only have to tolerate barking if the disturbance is insignificant or customary - which, however, is generally not the case for urban residential areas. In general, saying: dogs barking outside the usual rest periods is accepted by the courts rather than the fault of the lunch and sleep. These rest periods are generally from 1 pm to 3 pm and from 10 pm to 6 am, but may differ regionally from one community to another. Special rules on dog ownership can also result from state law or municipal statutes. If the dog owner does not respond to a written request, he may be sued for injunctive relief.

Free-running dogs in the community garden

An apartment owner had purchased a Bernese mountain dog and let it run free in the communal garden of residential property investment. The other owners complained before the Higher Regional Court of Karlsruhe (Az 14 Wx 22/08) - and were right: Just follow the size of a dog that he is not unangeleint and unattended in the community garden may stay. Due to the unpredictable behavior of the dog there is always a latent danger. It is also possible that visitors were frightened. In addition, the co-inhabitants of the feces and urine on the common area is unreasonable. The court therefore considered it necessary for the animal to be leashed in the garden and to be accompanied by a person at least 16 years old.

Berner Sennhunde in the garden

Large dogs such as the Bernese Mountain Dog must not walk around unattended or unencathed in the communal garden

Dogs in their own garden

On his own property, the dog is allowed to walk around freely and bark in moderation - even unexpectedly behind the fence. If a dog has been known to be ready for aggression in the past and is difficult to steer in the open, it may only run on a leash, especially when walking in places where joggers or hikers are to be expected, the district court of Nuremberg-Fürth (Az Ns 209 Js 21912/2005). Incidentally, the "warning of the dog" sign does not protect against damages claims if the dog bites a visitor. Every property owner is required to provide a safe condition for his property in order to avert danger from third parties. The sign "warning of the dog" is according to the decision of the district court Memmingen (Az. 1 S 2081/93) is not a sufficient security, especially since it does not pronounce an entry ban and does not indicate the particular bite of the dog. It is well known that such signs often remain unnoticed by the visitor.

Video Board: Dogs killed in dispute between neighbors.

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