January 27, 2022

Beyond Going Long

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New Article – SME My Regions

Do you have neighbors that you have not dreamed of? We will advise you how to solve the problems

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Free consultation is a regular section of my regional newspapers. It provides readers with answers to questions from different walks of life and offers advice on how to deal with personal, civil, legal or financial issues.

This time we are dealing with the topic of neighborhood disputes. You will learn how to deal with neighbor behavior that annoys or restrains you. What are your options for defending yourself against annoying neighbors, cigarette smoke penetrating your apartment, tenants who are unable to adapt in an apartment building, or neighbors who make life uncomfortable for everyone by heating their home. You will also read about your legal options if your neighbor’s tree hits your land or damages your property.

The following questions answer the reader’s questions: Gooder. Silvia Tatarkova, Mgr. a job. Ondrej Randyak, Miroslav Mazos, Dominic Kmet

I have a beauty salon next door to the restaurant. There are fumes from the kitchen, I can’t ventilate, it’s very annoying, annoying and restrictive. However, I have to ventilate because I have a dusty environment, I use varnishes, gels and the like. Ventilation is one of the basic health conditions. The restaurateur knows the problem, but claims that it is technically impossible to solve. How can I proceed and what can I do in this case? (Monica T.)

Kitchen fumes can be described as disturbing neighbors with steam or odors. Your ownership or use rights are limited by vapor release or odors. The Civil Code does not protect any restrictions of law in the event of neighborhood disputes. Restrictions are only protected if steam or odor exceeds the proportional ratio. The appropriate ratio for the ratio is not specified in any regulation. In general, it represents the boundary between permissible and unauthorized restrictions on another person’s property. The appropriate proportion of the ratio is evaluated in each individual case. This means that, for example, the place and time of restriction of the property of another owner is taken into account. In your case, it is important to note that if your salon is located in a place where the restaurant restaurant is completely normal, the inconvenience of steam and smell may not be considered more than reasonable.

In other cases, such a limitation of property rights is at least moot. If you believe the restaurant’s behavior is disproportionate, you have the right to sue. As part of the proceedings, the court may decide, if it considers that a reasonable rate has been exceeded, to impose an obligation on your neighbour-restaurant to refrain from releasing fumes and odors. In the event that the restaurant does not respect the court’s decision, execution can be started according to the rules of execution based on the court’s decision. The guardian may impose a fine on the person responsible for each violation of the obligation. The amount of the fine was increased to a total amount of 30,000 euros, and in case of non-compliance, the executor has the right to enforce the fine by one of the methods of recovering monetary claims.

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An alternative way is to try to get help from the municipality. According to the Civil Code, if there is obvious interference in a peaceful country, protection can be sought in the municipality. The municipality may temporarily prohibit or impose an intervention in order to restore the previous state. However, the municipality will not resolve the complex dispute, and it should be noted that its position on this issue is to organize mutual relations until the situation calms down and seek a compromise. Therefore, this solution may not be effective for you. However, applying for protection in the municipality does not affect your right to seek protection in court.

In conclusion, we would like to draw your attention to the fact that we cannot objectively assess from the question to what extent and whether the rate was exceeded in proportion to the ratio. Therefore, the answer is useful.

We are a small apartment building of fifteen apartments. Fourteen privately owned, we have a well-established community of homeowners. One of the apartments is owned by the city, to which a family unable to adapt has moved. The parents (the psychiatric mother) and three children are severely mentally ill. We have suffered from constant yelling, insults and vulgar threats against children for three years now. The authorities, the city and the police do not address this matter unless they pay the rent and disturb the night. But we also have our rights, we own apartments, we pay taxes, old people live here, families with young children. What can we do to move forward? (Joseph H.)

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According to civil law, every owner of a thing has the right to protection against anyone who interferes with his right of ownership. The unauthorized interference by the owner of the thing in the right of ownership of the last owner is called immunities. Exemptions are defined in more detail in the Civil Code. Air pollution also includes disturbing noise. The law provides protection for a landlord if neighbors disturb the landlord with noises beyond what is reasonable. When assessing the degree of proportionality, objective factors such as the time and place of restriction of rights are taken into account. The proportional scale is rated according to the intensity of the noise, depending on whether it is a one-time harassment, repeated or intentional harassment of another property owner. It is also rated according to the intensity of noise in similar places.

First of all, we recommend that you address this situation by alerting your neighbors to the fact that their actions are in conflict with your property rights and that you are asking them to stop yelling. You can also ask the owner of the apartment for help and ask him to solve the situation.

If the agreement does not help and there is an apparent interference with the peace, it is your legal right to seek protection in the municipality, which may temporarily prohibit or impose interference with rights to restore the status quo.

The last possible solution is to claim repeated harassment by neighbors beyond the level of protection granted in court, and the harassment must continue at the time of the petition. The practical part of the application must be formulated in such a way as to oblige the respondent to refrain from disturbing neighbors with noise. The application shall specify the reasons for which the noise is found to be in excess of the proportional ratio. In the event that the court decides on the obligation to refrain from disturbing noise, it is possible to carry out the obligation to perform.

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One of the solutions is also offered by the law on the ownership of apartments and non-residential premises, which, however, affects the owner of the apartment himself. If the owner of an apartment or non-residential space in the home is interfering with the exercise of the property rights of other owners of apartments or non-residential premises in that home in a way that restricts or prevents the exercise of property rights by seriously harming the apartment or non-residential space, common parts of the home, or utilities public, non-residential communal premises, annexes, continuing damage to the peaceful housing of other homeowners, endangering safety or morals in the home, or failure to fulfill obligations imposed by a court decision, the court may order the sale of the apartment or non-residential space.

What should I do if the neighbor who lives above me smokes on the balcony and all the stench is transmitted to my apartment? She was alerted twice by city police and told by the mayor to reduce or stop smoking on the balcony. Well, he does not respect challenges. She is the daughter of apartment users who do not even have a permanent residence in it. I am sick with cancer. (Michaela M.)