Disputes in the garden


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Summer is the time of garden parties. How should you react if you are celebrating on the property next door until late into the night?
From 22 o'clock the noise level of private celebrations must not disturb the sleep of the residents. In case of violations, however, you should keep cool and, if possible, look for the next day, the personal conversation - in private and without alcohol influence is usually easier to reach an amicable settlement.

Noisy lawn mowers or barbecue smoke are just two of many occasions to quarrel with your neighbor. Lawyer Stefan Kining knows what to do in such cases.
The noise of gasoline lawnmowers and other power tools also often causes trouble in the neighborhood. Which legal regulations must be followed?
In addition to the legally regulated Sunday and holiday rest as well as regional rest periods, one should especially observe the so-called machine noise ordinance. In pure, general and special residential areas, small settlement areas as well as special areas, which serve the recovery (for example cure and clinic areas), motor lawn mowers are not allowed to operate on Sundays and public holidays and only on the weekdays from 7 to 20 o'clock, For brushcutters, grass trimmers and leaf blowers apply even more limited operating hours from 9 clock to 13 clock and from 15 clock to 17 clock.

Which disputes surrounding neighborhood law most often end up in court?
Often is processed because of trees or not respected border distances. Although there are relatively clear guidelines in most federal states. In some (for example Baden-Württemberg) but depending on the growth strength of the woodland different distances apply. In case of dispute, the neighbor must provide information on which tree he has planted (botanical name). At the end, an expert appointed by the court then groups the tree. Another problem is the limitation period: If a tree is too close to the border for more than five years (six years in North Rhine-Westphalia), the neighbor must accept this. However, one can argue admirably when exactly the tree was planted. In addition, in some federal states a hedge back even after the limitation period of the elimination claim is expressly allowed. Information about the local distance regulations issued by the responsible city or local government.

Dispute borderline tree

A few leaves and a bit of shade are not enough to cause a case of considerable damage by a tree near the border. In many cases, the court decides in favor of the defendant.

If the tree on the border is an apple tree, who owns the fruit hanging on the other side of the border?
This case is clearly regulated by law: all fruits that hang over the neighboring property belong to the tree owner and may not be harvested without prior agreement or announcement. Only when the apple from the tree of the neighbors as a fall on its own lawn, you can pick it up and recycle.

And what happens if they both do not want the apples, so they fall to the ground on both sides of the border and rot?
Should it come in this case to the dispute, in turn, it must be clarified whether the fall actually affects the use of the neighboring property significantly. For example, in one extreme, the owner of a cider pear was ordered to pay the costs of disposal on the neighboring property. The tree was really tremendously productive and the rotting fruits also led to a wasp plague.

What is the usual way of proceeding in neighborhood law, if the brawlers can not agree?
In many federal states there is a so-called compulsory arbitration procedure. Before you can go to court against your neighbor, arbitration must be conducted with the notary, arbitrator, lawyer or magistrate, depending on the state. The written certificate that the conciliation has failed must be submitted to the court by the application

Does a traditional legal expenses insurance actually pay the costs, if one does not succeed with the complaint against the neighbor?
Of course, this depends very much on the insurance company and above all on the respective contract. Anyone who actually intends to sue his neighbor should first inform his insurance company. Important: The insurances do not pay for old cases. It therefore brings nothing to conclude insurance because of a neighborhood dispute smoldering for years.

Odor nuisance by grilling

A smoking grill is hard for some people to endure - luckily but not a permanent problem.

How would you act as a lawyer if you had problems with your neighbor?
I would try to solve the problem in a personal conversation.Quarrels often arise only because both sides do not know exactly what is allowed and what is not. If the neighbor appears unreasonable, I would ask him in writing and with a reasonable deadline to refrain from the disturbance. In this letter, I would already announce that in the fruitless deadline judicial assistance is claimed. Only then would I think about further steps. I can not confirm that lawyers like to complain in their own right for me and most of my colleagues. A process costs time, money and nerves and often does not justify the effort. In addition, luckily I have very nice neighbors.

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