The neighbor's cats, chickens, and animals: what do you have to accept?

Animals in the neighborhood often cause disputes. Occasional entry by a cat or normal animal sounds frequently have to be accepted as locally customary. Only a substantial nuisance exceeding a reasonable level, for example massive soiling or permanent noise, can give rise to claims.

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Occasional entry by a free-roaming cat and customary animal sounds often have to be tolerated as locally customary (§ 906 BGB). In rural areas a more generous standard applies to livestock sounds than in purely residential areas.

In the case of a substantial impairment, considerable soiling, permanent noise, damage, you can demand a remedy and cessation (§ 1004 BGB). With several free-roaming cats, the number can play a role.

What you should do now

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1. Categorize the impairment
Clarify whether it is about a locally customary, acceptable influence or a substantial nuisance.
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2. Document
Record the frequency, damage, and noise (log, photos) in order to demonstrate the substantiality.
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3. Speak with the neighbor
Seek a conversation and propose solutions (e.g. fewer free-roaming animals, sound protection, cleaning).
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4. Check for claims
In the case of a substantial nuisance, demand a remedy in writing; in rare cases official measures (e.g. regarding animal keeping) come into consideration.

How to spot the scam

Massive, recurring soiling by the neighbor's animals.
Permanent, considerable noise (e.g. constant dog barking, a rooster in a purely residential area).
A very large number of free-roaming animals.

Frequently asked questions

Do I have to accept the neighbor's cat in my garden?

Occasional entry by one or two free-roaming cats is as a rule to be accepted as locally customary. Only with a large number of animals or a considerable, recurring impairment can defense claims exist (§ 906, § 1004 BGB).

What applies to chickens and a rooster?

In rural areas, livestock sounds are more likely to be accepted than in purely residential areas. But if a rooster crows or chickens cluck so that it clearly exceeds the locally customary level, a restriction (e.g. nighttime housing) can be demanded.

When can I take action?

In the case of a substantial nuisance exceeding a reasonable level, for example considerable soiling, permanent noise, or damage. Document the impairment, speak with the neighbor, and if necessary demand a remedy and cessation in writing.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.