Problems with neighbors and their behavior can be very frustrating. It's difficult to combat other people's actions on their property. However, there are mechanisms that can help offset the negative consequences of being next to a landfill or an airport, for example.
So what are immissions?
First, it's important to address what so-called nuisances actually are. According to the code definition, these are activities that disrupt the use of neighboring properties beyond the average, resulting from the property's socio-economic purpose and local conditions.
To simplify, this refers to all behaviors that impact our use of real estate, such as excessive noise, unpleasant odors, or even the location of water drains that cause flooding. It's important to note that each situation should be examined individually, taking into account the socio-economic purpose and local conditions (so it's important to verify whether a specific emission constitutes "above average"). Examples in this context are numerous. It's worth noting, however, that very often such situations not only result in a deterioration in well-being and quality of life, but can also result in real losses and damage.
Compensation
In situations where damage or any other loss occurs due to the actions or omissions of others, it is possible to pursue a claim for compensation against the person who caused it. Compensation should be calculated based on actual damages and, in some cases, loss of profits. Therefore, it is advisable to consult with a professional who can advise you on how to calculate this amount.
It is also necessary to collect evidence – documentation, witnesses, opinions confirming the circumstances of the case, which will prove the occurrence of nuisances, the person committing them and the occurrence and amount of damage.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of January 7, 2025
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