Practice area
Neighbour law in Frankfurt am Main
Advice and representation in disputes between neighbours.
Boundary distances, trees and hedges
How far a tree, a shrub or a hedge has to stand from the boundary depends in Hesse on the kind of plant and how strongly it grows (§ 38 of the Hessian Neighbour Law). Timing decides the case: the claim to have it removed is barred unless an action is brought within five years of planting (§ 43 HessNRG). I check whether the distance is kept and whether your claim still exists at all.
Encroachment and building on the boundary
Where part of a building crosses the boundary, what matters is whether the encroachment was intentional or grossly negligent, and whether the neighbour objected immediately (§ 912 BGB). I establish the position, protect your rights by objecting in time, and negotiate removal or a payment for the encroachment.
Noise, smells and other emissions
Not every disturbance has to be tolerated, and not every one can be stopped: the tests are whether the interference is substantial and whether it is usual for the locality (§ 906 BGB). I assess noise records, expert reports and the situation on site, and pursue an injunction or compensation.
Rights of way
Where a plot has no connection to a public road, the neighbour may be obliged to tolerate a way of necessity against payment (§ 917 BGB). I check the requirements and secure rights of way permanently, for instance by an easement.
Settlement rather than litigation
In Hesse, many neighbour-law actions require an attempt at conciliation before a recognised conciliation body first (§ 15a EGZPO together with the Hessian Conciliation Act); claims for payment alone do not. Because neighbours still live side by side after the case, I look for a settlement that will hold, and litigate when none is reached.
Frequently asked questions
Branches from next door hang over my garden. May I cut them?
Possibly: if the overhanging branches impair the use of your property, you may cut them once you have given the neighbour a reasonable deadline to remove them and it has passed (§ 910 BGB). Rules protecting trees, such as a municipal tree protection bylaw or the nature conservation close season, still apply alongside.
Do I have to try conciliation before suing my neighbour?
In Hesse, for many neighbour disputes, yes: where the dispute concerns emissions, overhanging branches or claims under the Hessian Neighbour Law, an action is only admissible after an attempt at settlement before a recognised conciliation body (§ 15a EGZPO together with the Hessian Conciliation Act). Claims for payment alone are exempt.
How much noise from a neighbour do I have to tolerate?
Insignificant interference has to be tolerated; significant interference only if it is usual for the locality and cannot be prevented by economically reasonable measures (§ 906 BGB). It depends on the individual case. A noise log with the date, time, duration and kind of disturbance is often the most important evidence.
What is a right of way of necessity?
Where a plot lacks the connection to a public road it needs to be used properly, the owner can require the neighbours to tolerate a way across their land, against a monetary payment (§ 917 BGB). In the long run, an agreed right of way entered in the land register is usually the better solution.
Your matter
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