FOCUS online: Mr. Obst, have you ever seen a dispute between neighbors lead to an unexpected friendship?

Franz Obst: Yes, these cases really exist. Neighborhood disputes usually arise from misunderstandings or small unintentional actions that the other person then takes in a negative way.

Even if new neighbors don't introduce themselves to everyone in the household after moving in, this can be considered rude. Anything you do after that can now be viewed critically by your neighbors.

These conflicts can also provide an opportunity to get to know the other person better and realize that you actually have a lot in common. Sometimes these discussions can lead to an exchange and ultimately a friendship.

Is there any case that has especially touched you or changed your perspective on neighborhood disputes?

Yes, one case especially moved me. The problem was that the neighbor's animals kept entering my client's property. This made him so angry that one day he simply decided to build a fence between the two properties. This escalated dramatically! The neighbor attacked my client with a carpenter's hammer and was seriously injured. This incident, which even led to criminal proceedings, shows how deep and serious neighborhood disputes can be.

Dispute between neighbors: Awakened by a peacock

Has there been any escalation worse than the hammer incident?

Yes, a particularly bad form of escalation is social media harassment, where people try to publicly shame or belittle their neighbors. This approach is particularly difficult to control.

What has been your strangest case so far?

An unusual case was that of a neighbor who had a large peacock enclosure. However, these peacocks did not stay in his enclosure but roamed freely around the area. Have you ever heard a peacock scream? It's a deafening noise! There was a guest house right next to the property. Of course, the guests complained that the screaming woke them up early in the morning. And that was not all: when the peacocks saw their reflection in a window, they pecked furiously with their beaks and scratched it. Thank God a solution was found and the peacocks were relocated to Peacock Island in Berlin.

What are the most common disputes?

The most common discussions occur in spring and summer, when life takes place more outdoors again. Noise pollution, for example during parties or garden barbecues, is one of the main causes. What very few people know: violations of the barbecue ban can lead to immediate dismissal. Poorly trimmed hedges or trees planted too close to the property line are also classics.

Regulations in the federal states vary greatly from one another.

And what is the legal situation like? Are there certain laws or regulations that you may find a little outdated?

The main problem is that each federal state has its own related legislation and these laws can differ significantly from each other. For example, in Rhineland-Palatinate the distances for planting certain trees and plants are established by law. There are detailed rules for the distance of pome fruit trees, cherry trees, grafted walnut trees and other strong-growing plants from the property line. However, these regulations do not exist in this form in all federal states, which often causes confusion.

Is there any difference between the city and the countryside in terms of neighborhood disputes?

Yes, there are differences between urban and rural areas. In rural areas, properties tend to be more spacious, resulting in fewer direct conflicts. However, traditions such as installing a maypole can also lead to disputes. Conflicts also arise over property boundaries, for example if boundary markers are missing and need to be re-surveyed, which can be costly. In the city, however, noise pollution dominates as the main cause of disputes, especially in apartment buildings, where parties can disturb a night's sleep.

“A court ruling often hardens the facades”

How often can disputes be resolved outside of court?

This depends largely on the willingness of those involved to speak. In some law firms the success rate of out-of-court resolution is relatively high. However, if one party is unwilling to communicate, the only option is usually to go to court.

What advice would you give if someone is involved in a neighborhood conflict?

The most important tip is to communicate directly. Avoid written messages via email or WhatsApp, as this only leads to misunderstandings. A personal and respectful conversation is the most effective way to clarify matters. If this does not lead to success, it may make sense to involve a mediator, especially if the dispute is intense or has gone on for a long time. I can only advise everyone to at least make an effort to find an out-of-court solution. Often, a court ruling only hardens the facades even more.

Do you think the nature of neighborhood disputes will change in the coming years?

The basic themes will probably remain the same. But I have observed that since the coronavirus crisis there has been a deterioration in general mood and often a more aggressive tone. We should get back to treating each other with respect.

What motivates you with all this fight?

The greatest motivation lies in the satisfaction of being able to reconcile the parties in conflict and reach a compromise. Working in the area of ​​neighborhood conflicts usually has a great emotional charge.

It can be very satisfying if you can make a positive difference at the end of the day.