Neighbours trespassing in my backyard

83 posts in this topic

Hello Toytown

 

This is weird.

 

I rent a house with a back yard. It is fenced with an old gate into the neighbour's yard. I also have a neighbour. Said neighbour insists on using my backyard to access their backyard. They have had deliveries made through my backyard. They even tell their gardener to walk into my backyard in order to do their garden maintenance.

 

I have told them to get my permission before they enter my yard. They don't. I have told them to stop entering my fenced yard. I have told their gardener to stop. But they keep coming back. They are trespassing and frankly freaking out my wife. It is kind of weird to see complete strangers wandering through your backyard without warning.

 

Is there such a thing as trespass in Germany? what are my "rights"? How can I get them to cease and desist (without putting padlocks and chains on every gate)?

 

thanks all

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I suggest you talk to your landlord and hear what he has to say. Maybe, as already suggested, the neighbour does have some sort of right you weren´t made aware of (in which case you might be entitled to reduce the rent you´re paying). If not, ask him to talk to the neighbour and tell him to stop it. If that also doesn´t help send a registered letter to your neighbour telling him that he is not allowed to enter the property you rented and that you´ll take the legal route if he continues to do so. If that doesn´t help you might want to either lock the gates/doors and/or turn to a lawyer.

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Ask your landlord if there is a "right of way" through your yard. It is possible. I once owned a condo in a house that had such a clause in the deed. However in that case, it was the neighbours one and only access route to their house. I assume your neighbours have another way to access their house although they may have to walk through the house to get to the yard then.

 

If they do have a "right of way", I don't think there is anything you can do about it. However, if the landlord says there is no such thing, tell your neighbours that you do not approve of your yard being used as a shortcut and padlock the gates. Without padlocking the gates, I do not see how you are planning to keep them out if they insist. Although you could rig up a sprinkler system with a movement sensor which may deter them. You can buy something like that here: http://www.boelstorf.de/contents/de/d108.html Or you could get a guard dog.

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Contact your local military and ask for a few small landmines.

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Next time I would tell the person passing to leave immediately and to never do this again . In case the person doesn't listen you can call immediately the cops or file an

" Anzeige wegen Hausfriedensbruch" (§123 Strafgesetzbuch) at the police. Take photos. And I wouldn't hesitate to file that claim because these people simply take it for granted that they can use your private space knowing that they have no right to do so but count on your unwillingness to get into legal fight.

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I think the basic problem here is that the legal situation is not clear - yes, people can pass through the garden if there is a "right of way" clause in a contract somewhere, but until the landlord has confirmed what the situation actually is, there is absolutely nothing the OP can do about it.

 

Clarify the situation and then see what options are available to you - if indeed, there is a right of way, then you can basically do nothing about it, but it might still be a good idea to "make peace" with the neighbours and clarify who and when is likely to be passing, so as to be able to eliminate these people from a possible list of thieves wanting to break-in.

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... tell your neighbours that you do not approve of your yard being used as a shortcut and padlock the gates.

 

Before doing this make sure that you are renting the gate and that it is not their property.

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I think the basic problem here is that the legal situation is not clear - yes, people can pass through the garden if there is a "right of way" clause in a contract somewhere, but until the landlord has confirmed what the situation actually is, there is absolutely nothing the OP can do about it.

 

Im not so sure. Whilst he wouldn´t be able in that case to stop the neighbour from entering, he might have a claim against the landlord for hiding from him that such a right of way exists.

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Harassment outside legality will have bad consequences. More simple solution is to put dog shit all around the gate within 2 m radius, so one can't enter your property without stepping into it. Harmless, legal and environmentally safe.

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Why bother with the shit, when you can put the dog proper? :) Just make sure you have the proper insurance beforehand.

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Barking dogs? No, thanks!

 

Germany is a bark-free country with non aggressive dogs, so when you walk around the village you don't experience harassment of 100 dogs in the area. Unfortunately dogs are idiots and can't differentiate between a trespasser and someone who just wanders nearby.

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