A building owner may not allow a tower crane to slew over a neighboring property without prior notice. This was decided by the Higher Regional Court (OLG) of Stuttgart (AZ: 4 U 74/22). In this case, two future neighbors in the district of Ludwigsburg were in dispute. The client had erected a slewing tower crane on the property boundary for the construction of two semi-detached houses and four garages....
A property owner cannot be held responsible for all accidents that happen on her property. This has now been decided by the Frankfurt am Main Higher Regional Court (OLG, Ref. 17 W 17/22). In this case, a neighbor walked across a rain-soaked stone path covered with leaves and branches to the owner's terrace to talk to her. On the way back, she fell and...
In the study "Hallo Nachbar*in - Die große Schweizer Nachbarschaftsstudie", the Swiss have investigated how neighborhoods function in Switzerland and what types of neighborhoods there are. Based on an empirical representative quantitative survey and a qualitative study, the GDI Gottlieb Duttweiler Institute concludes that "neighborhoods in Switzerland are...
If thermal insulation measures are implemented, the homeowners' association (WEG) must almost always approve them. This applies if the common property is affected. The association Wohnen im Eigentum (WiE) points this out. WiE advises owners to find out about the costs in advance, especially for larger measures such as roof and façade insulation. Furthermore...
Neighbors are not allowed to install surveillance cameras that record their own property as well as that of their neighbors. This has now been decided by the Bad Iburg District Court (AZ: 4 C 366/21). In this case, a neighbor of a semi-detached house had installed surveillance cameras with intelligent video technology on his property, which, among other things, were able to identify objects and people in real time....
In Düsseldorf, a woman was ordered by the district court to remove a wooden cross around seven meters high from her garden. The woman's neighbor had filed a lawsuit at the district court because she felt considerably disturbed by the cross and wanted it removed. She had already won her case there, but the woman appealed against the ruling. However, now...
Residents of a shared house had complained to their landlady about their flatmate. The landlady then wrote to him with the following content: "Due to complaints about strong odors and vermin in the stairwell, we would like to carry out an inspection of your apartment. Our employee, Mr. K., will inspect the stairwell on Thursday, 15 August 2019 at 10 a.m....
Under the title "These rules really apply", the portal "test.de" has summarized interesting facts about neighbourhood law. Various topics are highlighted, such as "greenery", "barbecues" and "optics". Reference is also made to various judgments that have been handed down by courts in this context. However, before a court deals with the...
If an owner subsequently insulates existing buildings and these protrude onto the neighboring property as a result, the neighbors must tolerate this. This is the result of a ruling by the Federal Court of Justice (BGH). In this case, a dispute arose between owners of neighboring properties in North Rhine-Westphalia. The plaintiff was of the opinion that internal insulation of her gable wall was not compatible with...
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