Wild garden in the neighborhood

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If your own property is affected by a wild neighboring garden, the neighbor can in principle demand an injunction. This claim presupposes, however, that the neighbor is responsible as a disturber. This is missing when the impairment is due solely to natural forces. Due to a change in environmental awareness today, for example, pollen count in spring usually has to be accepted as a downside to increased living quality "in the open". Also, any owner can decide freely whether he wants to have an English lawn or a wild garden on his property.

Apart from extreme cases, weeds can not ward off weeding, as these are ultimately the effects of natural forces. In the case of leaves, needles, pollen, fruits or flowers, it is legally a question of immissions (§ 906 BGB). However, local emissions are generally tolerated. In a settlement area characterized by gardens, the usual pollen count is generally accepted without compensation. Incidentally, a property owner generally has no defense against the intrusion of vermin that has infested a neighbor's plants. Thus, the Federal Court of Justice (Az. V ZR 213/94) has decided. In this case, it was about lice on a larch.

What to do with rubble and rubbish?

If a plot offers a sight that offends the aesthetic sense of the neighbor, then this is not to be regarded as a disturbing influence within the meaning of § 906 BGB (Immissionsabwehr) (Bundesgerichtshof, Az. V ZR 169/65). But if the neighbors rubble and lumber are put right in front of the nose, to annoy him, you must not tolerate this (Amtsgericht Münster, Az. 29 C 80/83). Neglected for years a plot of land in a residential area with all gardening well-maintained land, it may result in rare exceptional cases a claim for elimination according to the principles of neighborly community relationship.

Video Board: Gardens In The Wild: A Visual Experience in Urban Gardening (neighborHOOD gardener).

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