The Content Of The Article:
If your neighbor uses chemical sprays in his garden and have these effects on your property, then you have a claim for injunctive relief against your neighbor (§ 1004 BGB or § 862 BGB in conjunction with § 906 BGB). The use of chemicals is always limited to your own property. If the active substances are blown by wind on your property or residues of a weed killer are supplied by wildly draining rainwater, it is an inadmissible influence of immission (BGH, Az. V ZR 54/83). For spraying, hobby gardeners are only allowed to use preparations that have been approved for home and garden. In addition, the instructions for use must be strictly followed. It contains specifications for precise use in the private sector.
The selection of pesticides for professional horticulture is significantly greater than for the hobby garden. However, these preparations may only be used as gardeners or horticultural laborers with appropriate expertise. The use of these preparations is also allowed in the house and allotment garden, if one has commissioned a specialist company with the property maintenance.
If there is damage by third parties due to incorrect or negligent use of chemicals (for example, chemical burns, allergies in children or illness of cats, dogs, etc.), the neighbor or the company commissioned with the property maintenance must always be liable for this. This also applies if, for example, the bees of the neighbor die by using improper means or produce contaminated honey. Further restrictions on the use of chemicals may arise from individual contractual agreements (rental and lease agreements) as well as house rules or individual agreements in the contract.
Herbicides are prohibited on paved areas
Many hobby gardeners use weedkillers such as "Roundup" to control wild herbs on paved areas. However, this is strictly prohibited by law, as herbicides may only be used on unsealed, horticultural, agricultural or forestry land. This is true even for biological preparations with organic acids such as acetic acid or pelargonic acid. Since the preparations on paths and other paved areas do not reliably seep into the soil, but can be washed away laterally by the precipitation, there is a great danger that surface waters will be affected. Infringements threaten fines of up to 50,000 euros. However, in certain cases the competent plant protection agency may issue exemptions.