The topic of neighbour disputes is quite common. And it’s not surprising. People are different, and we don’t choose our neighbours. What may seem like harmless behaviour to us can keep our neighbour awake at night, and vice versa.
Ideally, we have a house in the countryside, far from anyone else. Few people have that luck. And so, when we buy a new flat, cottage or plot of land, we find out what the local neighbours are like. Unpleasant neighbour disputes can seriously disrupt life.
Read some tips on how to resolve neighbour disputes and how to prevent potential conflicts.
Legal Framework
The fundamental pillar for resolving neighbour disputes is Act No. 89/2012 Civil Code (občanský zákoník). In particular, Section 1012 of the Civil Code protects us against unreasonable behaviour by a neighbour, the wording of which prohibits seriously interfering with the rights of other persons. Primarily, it prohibits actions that damage or bother other persons beyond a reasonable extent.
Another key document is the Charter of Fundamental Rights and Freedoms, which is part of the constitutional order of the Czech Republic. Specifically, Article 11, Section 3, clearly defines that ownership brings responsibilities and must not be abused to the detriment of the rights of others. The exercise of ownership must not harm human health and the environment beyond the limits set by law.
Neighbour disputes often involve public law. For example, when a neighbour commits an offence against property (a damaged fence). For excessive noise, we can use regulations governing hygiene requirements for noise limits.
Can the ombudsman help us with problems with neighbours? Only if an administrative authority has dealt with the specific matter (a municipal or building authority dealt with an offence). Otherwise, the ombudsman cannot intervene in neighbour disputes.
Generally speaking, neighbour disputes can arise over anything we can imagine.
Agreement
In the interest of maintaining good neighbourly relations, we try to resolve the matter through verbal agreement. We don’t want to damage neighbourly relations in the future and risk the neighbour’s unreasonable behaviour intensifying even after a fine is imposed. If verbal agreement is unsuccessful, we can send a written request to remedy the problematic behaviour by recorded mail. A letter is impactful, formal, and adds importance to the matter. We can add a reference to the relevant law and section.
Public Authorities
If verbal or written agreement has not helped resolve our neighbour disputes, we turn to public authorities, the police, the municipal office, or, for example, the regional hygiene station. A typical example is frequent disturbance of the peace at night, which is defined between 10pm and 6am. We contact the Municipal Police, who can issue a fine to the inconsiderate neighbour. The Municipal Police can also help us in cases of frequent arguments and aggressive behaviour among neighbours.
Another common phenomenon is a dog constantly barking in the neighbouring flat, when the owner refuses to address the problem. We can turn to the police, but also to the municipal office, hygiene and veterinary administration (if we suspect that the animals are kept in inappropriate conditions).
Emissions
We talk about imissions when something from a neighbour penetrates into our sphere. This could be dust, smoke, smell, shadow, waste, water, the scent of flowering trees which can be bothersome, and other influences that enter another person’s land. Especially if their extent is unreasonable and restrictive. The issue of imissions is quite extensive, as there are many factors that can disrupt neighbourly relations. Therefore, neighbour disputes are a common problem.
The law distinguishes between imissions:
- Direct imissions – the neighbour drains water from gutters onto our land. We can always defend ourselves regardless of the degree of nuisance and reasonableness.
- Indirect imissions – a dog’s barking, smoke, flowering trees, ash, etc. This action is not directly intended as the cause. Indirect imissions are in violation of the law only if they unreasonably restrict us in the use of the land.
- Those from an officially approved operation of an industrial enterprise.
We can defend ourselves against imissions in court. We have the right to seek an injunction against an activity that is bothersome to us. If the court finds the lawsuit justified, it can order the neighbour to refrain from any activity that unlawfully interferes with the plaintiff’s property.
If imissions, which are officially approved, exceed the limit against us through excessive noise, smell, vibrations and other influences, we do not have the right to seek a cessation or limitation of this activity in court. We only have the right to financial compensation.
Branches from a neighbour’s tree overhanging the boundary.
The ideal means of resolving neighbour disputes in this case is an oral agreement. No authority has the right to order a neighbour to cut down a tree or trim its branches. Therefore, if we do not agree, our dispute will be resolved by a court, which can be costly and time-consuming.
We have the right (without a court decision) to trim branches that encroach on our land and cause us damage or other problems. However, we must first invite the neighbour to trim the branches themselves. If they do not respond to the invitation, we have the right to trim the branches in a gentle way and at a suitable time of year.
Fruit on a tree that extends onto our land belongs to the neighbour. When the fruit falls to the ground, we can keep it.
We can also file a lawsuit with the court if a neighbour’s tree casts an unreasonable amount of shade on our land.
What if a neighbour injures our animal?
This too can be a frequent cause of neighbour disputes. As the owner of an animal, we have every right to compensation for damages, including expenses incurred on veterinary care. We have the right to request a reasonable advance payment for the care of the injured animal. The law will consider this action reasonable even if the cost of veterinary care disproportionately exceeds the value of the animal.
The price of special affection
This institution is regulated in § 2969, paragraph 2 of the Civil Code. It is defined as “If the wrongdoer damages a thing wilfully or maliciously, they shall compensate the injured party for the price of special affection”. Especially when a neighbour intentionally injures or kills an animal.
The price of special affection includes both the property and non-property damage of the owner. The basis for its determination is the so-called extraordinary price, which, in addition to objective criteria (time, place, circumstances), adds subjective criteria (property and personal circumstances).
The injured party will propose and properly justify the price of special affection to the court.
Verbal attacks from a neighbour
If a neighbour verbally attacks us, threatens us, falsely accuses us, makes fun of us and damages our property, we should immediately contact the police or the municipal authority. This could be an offence or even a criminal offence.
It is not appropriate to take matters into your own hands. Resolving neighbour disputes should be left to public authorities. They will decide on punishing the perpetrator.
Often, problems of this type can be resolved with the help of a psychologist or mediator. Neighbour disputes can often reach dimensions that exceed all reasonable limits. Primarily, it is important that both parties want to participate in solving the problems.
Bees
Resolving neighbour disputes regarding bees is a difficult situation. No law stipulates how far beehives must be from a neighbour’s property. The beekeeper must ensure that they do not unreasonably interfere with the neighbour’s use of their property. We will not direct the beehives directly onto the neighbour’s property, we will provide them with water sources so they do not fly towards the neighbour’s pool, and we will plant shrubs in front of the fence.
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