Disturbing odors from the neighboring garden


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A garden fence may need a new coat of paint from time to time - and, in principle, the neighbor may paint his fence with any paint or wood preservative, as far as it is allowed. Other residents may not be disturbed beyond the reasonable extent. Basically you can assert, for example, that you are affected by the fumes in your health and in your property and complain under § 1004 BGB on omission. The odors of the wood preservative are just as much emissions within the meaning of § 906 BGB as smoke, noise, pollen and leaves.

Only if it is an insignificant impairment or local immissions, they must be tolerated. If the fence has been freshly painted, then the odor nuisance that only temporarily occurs as a result is generally acceptable. But something else is true if after a long time fumes still emanate from the fence - especially if they are also still of health concern. Such long-term exhalations may occur, for example, when used railway sleepers have been installed in the garden. For preservation, they are usually soaked with harmful tar oils. The use of treated railway sleepers in the garden has therefore been banned for several years. In case of doubt, an expert must be consulted in such cases.

Odor nuisance through garbage cans

Garbage bins on the property line

In the summer garbage bins often emit a strong smell

The administrative court Neustadt has decided with a judgment of 14. 7. 2016 (Az 4 K 11 / 16.NW) that in this case garbage cans must be tolerated at the property boundary. The plaintiff had stated that a parking space was used in an unlawful way for the storage of refuse containers. This resulted in an unacceptable odor nuisance, especially on warm days. The court rejected the claim for elimination, as no neighboring protective norm was violated. Also, the minimum distances required in the state building code were observed and there was no violation of the obligation to take due care, since no unreasonable odor nuisance emanated from the garbage cans.

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