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Basically everyone is allowed to plant a compost pile in their garden. Anyone who brings out the compost in their own bed saves money. Because less mineral fertilizer and potting soil have to be bought.
Most federal states have made special regulations on the disposal of kitchen and garden waste. These indicate how to properly apply a compost pile in terms of aeration, moisture level or type of waste. The heap should not stink excessively and should not attract vermin or rats. Therefore, no food leftovers on the compost should be disposed of, but only garden waste.
If the neighbor adheres to these rules, you usually have no claim that the compost is eliminated. Basically, you should take into account when choosing the location but equal to the neighbors and, for example, avoid placement directly next to a seat. Against a disturbing compost heap on the neighboring property you have a claim to removal or omission according to § 1004 BGB. If an out of court warning does not help, you can complain. In most federal states, however, a conciliation procedure must have been carried out beforehand.
Large quantities of fruit from neighbor's tree
Leaves and fruits of neighboring tree, which fall down on their own property, you have to dispose of yourself. As a rule, such effects of nature are to be tolerated. How much it depends on the individual case, a judgment of the AG Backnang (Az. 3 C 35/89) has shown: Here, the neighbors argued for a several meters into the neighboring property projecting pear tree whose fermenting and thus evil-smelling fruits covered the whole property. Even the provision of § 911 BGB, according to which Fallobst belongs to the person on whose land it is, no longer plays in the judgment of the court, if the excessive fertility is a general, great nuisance. The attracted wasps and the resulting bad smell bad smell were no longer reasonable according to the court. The owner of the tree had to pay for the removal of the countless fruits.