Can I force my neighbor to leash his dog if it constantly comes onto my property?
January 2, 2024 | 55,00 EUR | answered by Oliver Ratzberg
Dear lawyer,
My name is Eva Schlosser and I am reaching out to you with a question regarding neighborhood law. For some time now, I have been having issues with my neighbor, whose dog constantly comes onto my property. The dog roams freely and causes damage in my garden. I have already spoken to my neighbor multiple times, asking him to keep his dog on a leash when he is outside. Unfortunately, nothing has changed so far and the dog continues to come onto my property unchecked.
This situation is causing me great concern as I fear for my plants and the safety of my children. I no longer feel comfortable in my own home and would like to know if I can legally compel my neighbor to keep his dog on a leash to prevent further damage.
Could you please provide me with information on what legal options I have to protect my property from the unwelcome visits of my neighbor's dog? Are there any laws that require my neighbor to keep his dog on a leash when leaving the property? Or are there other solutions I should consider?
I thank you in advance for your assistance and look forward to your expert advice.
Sincerely,
Eva Schlosser
Dear Mrs. Schlosser,
Thank you for your inquiry regarding neighborhood law in relation to your neighbor's dog freely visiting your property. This situation can indeed be very stressful and it is important that you know what legal options are available to protect your property.
In general, according to § 833 of the German Civil Code (BGB), a dog owner is responsible for the damages caused by their dog. This includes damages caused by the dog on the property of other individuals. In your case, where your neighbor's dog repeatedly enters your property and causes damages, your neighbor could be held liable for these damages.
It is important to note that a dog owner is obligated to keep their dog in a way that it does not pose a danger and does not cause damages. This includes leashing the dog when necessary or otherwise keeping it under control. If your neighbor continues to let their dog roam freely despite your requests and the dog causes damages on your property, this could be considered a breach of the aforementioned duties.
In such a case, you could take legal action against your neighbor to compel them to leash their dog and prevent further damages. This could be done, for example, through a warning letter or a lawsuit filed with the competent court. However, it is advisable to first try to resolve the issue informally by discussing it with your neighbor again and making it clear that you will take legal action if the situation does not change.
There are indeed legal regulations that require your neighbor to leash their dog if it causes damages on your property. If all other measures prove unsuccessful, you could consult with a lawyer to discuss further legal steps and potentially initiate them.
I hope this information was helpful to you and I am available for any further questions.
Sincerely,
Oliver Ratzberg
