Neighbor Law

When is a neighbor law attorney needed?

It is the best solution for everyone if neighbors resolve their disputes peacefully among themselves.

However, if the dispute cannot be settled peacefully, or if the tranquility of your home is disturbed not by a neighbor but by a company operating in your vicinity, an animal farm, traffic, or other factors, it is recommended to consult an attorney who can assist you in terminating the disturbance.

The Most Common Neighbor Law Violations and Disputes

Neighbor law disputes can generally be divided into two groups.

Conduct directly exhibited by a neighbor

The first group includes conduct and disturbances directly exhibited by a neighbor. In such cases, the dispute is most often related to the property itself—for example, the neighbor builds a fence on your land. For such instances, the protection of possession provides appropriate legal instruments for protection.

Unnecessary disturbance is also common between direct neighbors, occurring when a neighbor exhibits conduct that unnecessarily disturbs the tranquility of others' homes, such as loud noise at night. Civil law provides adequate options for terminating such disturbances.

Conduct not directly exhibited by a neighbor

The second group includes disputes where it is not a direct neighbor but a nearby factory, animal farm, or other large facility that unnecessarily disturbs local residents.

The most common cases include:

In the past, numerous lawsuits were initiated against mobile tower operators, which were regularly reported in the press. These lawsuits were based on neighbor law violations, and in many cases, local residents won, as the court ruled that such towers unnecessarily disturbed neighbors.

The Process of Neighbor Law Litigation – What to Expect?

If you cannot reach a peaceful agreement regarding the disturbance with your neighbor or the party performing the unnecessarily disturbing activity, you may request the court in a civil lawsuit to prohibit the violator from further disturbance.

If the neighbor disturbs you to an unnecessary extent, you may even be entitled to compensation and a grievance fee.

If the value of your property decreases as a result of the neighbor law violation, you may claim reimbursement for this damage from the violator; furthermore, if the violation disturbs the tranquility of your home and peaceful residence, you may be entitled to a grievance fee in addition to compensation.

Why Choose Us for Neighbor Law Litigation?

"Our Law Firm has many years of experience in neighbor law lawsuits and regularly provides legal representation aimed at terminating the unnecessary disturbance caused by large factories and economic players. We currently have an ongoing litigation case where, representing and uniting nearly 120 people, we are fighting against an extremely disturbing animal farm."

Dr. Szentkláray Bence LL.M.
Master of Tort Laws
Attorney-at-Law

Frequently Asked Questions

Do I need to be the owner to enforce my rights?

No, it is sufficient if you reside in the property affected by the violation; being the owner is not a prerequisite for neighbor law violations. The right to the tranquility of the home and the right to protection of possession belong to you even if, for example, you rent the property.

Am I entitled to compensation in case of a neighbor law violation?

Yes, and in addition to compensation, you may also be entitled to a grievance fee. In neighbor law violations, damage most commonly appears as a decrease in the property's value. You are entitled to compensation even if you do not intend to sell your property. Unnecessary disturbance may also result in the violation of your personality rights related to the tranquility of the home, for which you may claim a grievance fee as well as the termination of the disturbance.

What does "unnecessary disturbance" mean?

The law does not state exactly what unnecessary disturbance means; one can infer from court practice where the line is beyond which disturbance becomes unnecessary. Indeed, there are everyday circumstances and activities that neighbors are obliged to tolerate. For example, if a neighbor was loud for one night, it does not qualify as a level of disturbance that the court would declare unnecessary. However, if the disturbance is severe, exists for a long period, or is periodically recurring, the claim of unnecessary disturbance may be well-founded.

Does an official permit entitle the neighbor to unnecessary disturbance?

This is the most frequent question we are asked. It is a misconception that an official permit or operating in accordance with a permit also means that neighbors can be unnecessarily disturbed. It is an important principle in law that an administrative permit does not exclude the neighbor's civil law liability; thus, the permit does not exempt them from civil liability. Therefore, the answer is no; the permit does not entitle one to unnecessary disturbance.