The argument between two neighbors in an apartment building over frequent barbecues and jumping children will make more noise and smoke than the court would have liked. “If I summon 14 witnesses from the homeowners association, it will not be conducive to the overall peace,” the judge warned in the civil hearing before the Wolfratshausen district court on Tuesday. He feared a camp formation in the house. But his settlement proposal was rejected. This means that additional neighbors must testify as witnesses at a second trial date.
They should take a stand in the dispute between the grilling owner on the ground floor and a couple on the second floor. From the point of view of the two of them, the man grills far too often; and – what is even worse for them – so that smoke and smoke draw directly into their and other homes. The second allegation: The children of the ground floor resident jumped on a trampoline in the garden with the music player switched on outside of normal rest times. In addition, the co-owner of the shared apartment is said to have aimed a camera on the couple’s balcony, even if it is not entirely clear whether it was capable of recording.
Both parties could have agreed that this should no longer happen. Furthermore, they remained divided. The couple would have liked to limit their neighbors’ barbecue activities to five times a year or twice a month. Their lawyer referred to a judgment of the Bavarian Supreme Court.
The judge explained that this decision cannot be applied to the specific case. Without witnesses and a possible inspection appointment, he lacks the basis to judge. He suggested limiting grilling to a maximum of four times a month and 20 times per calendar year. For him personally, this is not “set right at the top”, but also not an “unlimited barbecue pass”. If the children took a break from jumping on the trampoline at lunchtime from 1 p.m. to 3 p.m. and after 8.30 p.m., this is a practical comparison for him.
The couple’s lawyer could have come to terms with that for the most part. “The barbecue is sure to be a precision landing,” he said. This is a part of the culture of life, conversely, freedom ends where others are impaired. If the children jumped without music in the future, you could also talk about it. The other side didn’t want to get involved. It is an electric grill, he doubts the defendant smoke development, says the man’s defense attorney. In addition, his client does not want to forbid the children to jump on the trampoline at lunchtime if many people in the neighboring gardens are doing so at the same time. “You’re not doing yourself a favor,” replied the plaintiff’s lawyer. “I think that’s a shame.”
– .
