My neighbor has started a construction project that shades my garden, what can I do?
May 11, 2024 | 50,00 EUR | answered by Lucas Schmidt
Dear lawyer,
I am reaching out to you because I am facing a situation in my neighborhood that is causing me a great deal of distress. My neighbor recently started a construction project that is causing my garden to be heavily shaded. As a result, my plants are no longer receiving sufficient sunlight and my garden is overall much darker than before.
The current situation is causing me great concern, as my garden is a place of relaxation and enjoyment for me. The shading caused by my neighbor's construction project not only affects the growth of my plants, but also my personal well-being. Additionally, I fear that the situation could worsen once the construction project is completed and the shade becomes even more intense.
I am wondering what legal options I have to address the shading of my garden caused by my neighbor's construction project. Are there laws or regulations that protect my interests in this matter? Can I request that my neighbor take measures to reduce or eliminate the shading of my garden?
I would greatly appreciate it if you could provide me with possible solutions to resolve my concerns and improve my situation. I am willing to take legal action to defend my interests, and I look forward to your support and expertise in this matter.
Sincerely,
Dietrich Jung
Dear Mr. Jung,
Thank you for your inquiry and your trust in my expertise in the field of neighborhood law. I am sorry to hear that you are facing such a burdensome situation due to your neighbor's construction project.
In your case, it is important to determine whether the shading of your garden by your neighbor's construction project constitutes an unreasonable interference. According to § 906 para. 1 of the German Civil Code, every owner has the right to build on their property as they wish. However, a construction project must not exceed the so-called "local customary standard". This means that while your neighbor may build, they must take into account your interests and rights as a neighbor.
In your case, the shading of your garden by your neighbor's construction project could be considered an unreasonable interference, especially if it affects your personal well-being and the growth of your plants. You could therefore demand that your neighbor take measures to reduce or eliminate the shading.
To clarify your concerns and improve your situation, I recommend that you first have a conversation with your neighbor. Explain to them calmly and objectively how much the shading is affecting you and your garden. Perhaps your neighbor is willing to work with you to find a solution that is acceptable to both parties.
If reaching an agreement with your neighbor is not possible, you may consider taking legal action. It would be advisable to seek advice from a lawyer specializing in neighborhood law. They can assess your legal options and help you defend your interests.
I hope this information is helpful to you and supports you in your situation. If you have any further questions or need my assistance, I am at your disposal.
Best regards,
Lucas Schmidt
