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Legal 2 min read

Neighborhood Law: Getting Along with Your Neighbors

Austrian neighborhood law: overhanging branches, barbecue rules, noise regulations, and how to resolve disputes with your neighbors.

#nachbarrecht #konflikte #recht
Neighborhood

There is nothing quite like living alongside friendly neighbors. But what happens when the harmony is suddenly disrupted? What are you allowed to do, what is off limits, and where does the law draw the line?

A perennial source of dispute between neighbors: branches that extend too far over the property boundary. Can you simply grab a saw and cut everything back? Yes — as long as the work is done properly and only up to the boundary line. This also applies to roots that cross over. However, you bear the costs yourself, unless damage is imminent or has already occurred.

And what about the neighbor’s cherries growing on your side? You may pick them, as long as you do not cross the property boundary. However, this does not apply to fruit that has fallen over the boundary — that still belongs to the neighbor on whose land the tree stands.

Nothing but moss in the garden because the neighbor’s trees are blocking all the sunlight? In this case, an injunction claim may help, where the decision is based on what is customary for the area. It is worth noting, however, that protected plants are exempt from such claims.

My garden is not a litter box! If it is customary in the area for cats to roam freely, you will have to accept that the neighbor’s cat may use your property as well.

Garden gnomes and garden decorations: Regardless of what your neighbor says, you are generally free to decorate your garden however you like. Sunbathing in the nude is also permitted, provided the garden is not visible from neighboring properties.

Barbecuing and garden parties — are they allowed? Local municipalities have ordinances that regulate the times and extent of such activities. As long as you comply with these rules, there should be no problems.

But one principle applies to everything mentioned above: Talk to your neighbor! An open and honest conversation can often prevent many disputes and lead to a better relationship between you.


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nu.immo Team

30 May 2017

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