What legal steps can I take if my neighbor enters my garden?
June 18, 2024 | 50,00 EUR | answered by Anna Fuchs
Dear lawyer,
I am reaching out to you as I urgently need your legal advice. My name is Wilhelm Halbscheffel and I live in a small house with a garden that I take care of with a lot of love and effort. Lately, I have noticed that my neighbor has been entering my garden without my permission. This is causing me great concern and discomfort, as I do not want my property to be unlawfully entered.
The current situation is that my neighbor seems to regularly climb over my fence and spend time in my garden without informing me or asking for permission. This violates my privacy and my right to property. I have already tried to talk to my neighbor and politely ask him not to enter my garden, but unfortunately his behavior has not changed.
I would like to know from you what legal steps I can take to protect my property and make it clear to my neighbor that his behavior is not acceptable. Are there specific laws or regulations that can help me with this? What measures can I take to protect my garden from unauthorized entry and make it clear to my neighbor that he must abide by the rules?
I would greatly appreciate your support and advice on this matter, as the situation is very distressing to me and I do not know how to proceed. Thank you in advance for your help.
Sincerely,
Wilhelm Halbscheffel
Dear Mr. Halbscheffel,
Thank you for your inquiry regarding your neighbor's unauthorized entry into your garden. It is understandable that you feel disturbed in your privacy and property and are seeking legal solutions to prevent this behavior. I am happy to provide you with some information and advice on this matter.
First and foremost, it is important to know that entering your garden without your permission constitutes an infringement of your property rights. According to § 858 of the German Civil Code (BGB), every owner has the right to protect their property from unauthorized intrusions. This means that your neighbor is not authorized to enter your property without your consent.
In your specific case, you could first try to clarify with your neighbor in another conversation that his behavior is not acceptable and that he must follow the applicable rules. You could also inform him in writing that you do not allow him to enter your garden without your permission and request him to refrain from doing so in the future.
If your neighbor continues to enter your property, you could initiate legal action. For example, you could file a cease-and-desist action according to § 1004 BGB against your neighbor to legally require him to refrain from the unauthorized entry onto your property. In such a proceeding, you would have to prove that your neighbor has indeed repeatedly entered your garden without your permission.
Furthermore, you could also consider securing your property structurally to prevent unauthorized entry. This could be done, for example, by building a higher fence or wall. However, any local building regulations and the relationship with your neighbor should be taken into consideration.
It is important that you seek legal advice in enforcing your rights to ensure that you are acting in accordance with the law. I am available for a personal consultation to help you find the best possible solution for your concern.
I hope this information is helpful to you and I am available for further questions.
Sincerely,
Anna Fuchs
