Dispute over the barbecue


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Barbecuing is not one of the leisure pleasures that one can pursue, as loud, as often and as long as one wants. It is a common misconception that a neighbor may not complain if he has been informed of a celebration in time. Because an announcement can calm the neighbor only in advance. It does not oblige him to tolerate the noise of a garden party for longer than allowed by law. From 22 clock must prevail night's sleep. If the neighbor has to keep his windows closed because of the odor and smoke nuisance or if he can not even stay in his garden, then he can even defend himself with an injunction under §§ 906, 1004 BGB.

In the absence of explicit statutory rules, the courts called on judge the barbecue differently according to local conditions. However, there is a tendency in jurisprudence that summer barbecues - in the face of an increasing recollection of nature - are a common pastime and can not be completely banned.

Smoke development charcoal grill

Warm weather makes you want a barbecue, but especially when grilling with charcoal creates a lot of smoke

Court rulings on the subject of grilling

The district court Stuttgart (Az.: 10 T 359/96) means that three times two hours per year or - distributed differently - six hours are admissible, but also sufficient. To prevent too much smoke, aluminum foil, aluminum trays or electric grills should be used. The district court Bonn (Az.: 6 C 545/96) allows the grilling on the balcony in the summer once a month with 48-hour notice. After a settlement, which was closed before the regional court Aachen (Az.: 6 S 2/02), may be grilled in the summer twice in the month between 17 o'clock and 22:30 o'clock in the back part of the garden. The Bavarian Supreme State Court allows in a condominium investment five barbecue parties a year on charcoal fire at the rear end of the community garden (Az.: 2 ZBR 6/99).
Even the landlord has a say, even if the neighbors do not complain. The district court food (Az.: 10 S 437/01) decided for example that the landlord in the lease an absolute grill prohibition - both on charcoal grill and on an electric grill - can be imposed.
As with almost all neighborly conflicts applies here: Who is ready to compromise and for the sensitivities of his fellow man has an open ear, from the outset a litigation out of the way - and invite his neighbors in case of doubt, just to the proposed barbecue.

Video Board: Hysterical California SJWs Go At Each Other in Wild BBQ Dispute in Oakland Park.

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