Legal protection against nuisances from neighboring properties
Legal Protection Against Nuisances from Neighboring Properties
Neighbor Disputes – Noise – Emissions – Harmful Installations – Roots – Branches – Possession Disturbance – Ownership Infringement – Personality Rights Violation – Injunctive Relief – Mediation
Legal protection against nuisances from neighboring properties is essential for homeowners and tenants facing disturbances that affect their property rights and quality of life. Whether it’s excessive noise, harmful emissions, or unauthorized installations, Greek law provides clear remedies to resolve such disputes effectively.
1. Noise, Heat, Smoke, Fumes, and Other Emissions (Article 1003 of the Greek Civil Code)
One of the most common cases of legal protection against nuisances from neighboring properties involves disturbances like excessive noise, smoke, soot, and fumes. While minor emissions must be tolerated if they are customary in the area, courts have ruled that excessive disturbances—such as loud music, barking dogs, or construction noise—violate property rights and personal well-being.
Greek law recognizes the right to a peaceful and clean environment as an aspect of personality rights. If disturbances exceed legal limits, affected individuals can seek injunctive relief to halt the nuisance until a final court decision is made.
Legal remedies include:
• Possession Protection (Article 989 of the Civil Code)
• Ownership Protection through a Negative Action (Article 1108 of the Civil Code)
• Personality Rights Protection (Article 57 of the Civil Code)
Courts may impose fines, order the removal of disturbances, or even decree personal detention for persistent violations.
2. Harmful Installations (Articles 1004-1005 of the Greek Civil Code)
Another critical area where legal protection against nuisances from neighboring properties applies is in cases of harmful structures or installations. Greek courts have ruled that any structure—whether permanent or temporary—can be deemed harmful if it significantly impairs the use of a neighboring property.
Examples of harmful installations include:
• Large kiosks or telecommunications cabinets
• Drainage systems affecting neighboring properties
• Skylights or windows blocking ventilation and sunlight
Affected individuals can seek legal recourse through a negative action, compelling the removal of the structure if it violates ownership rights.
3. Encroaching Roots, Branches, and Falling Fruits (Articles 1008-1009 of the Greek Civil Code)
Legal protection against nuisances from neighboring properties also covers cases where tree roots, branches, or falling fruits interfere with a neighboring property. Property owners have the right to request their removal or take action themselves if the nuisance persists. Courts take into account factors such as loss of sunlight, increased humidity, or potential property damage.
Alternative Dispute Resolution – Mediation
Before taking legal action, parties can attempt mediation—a process that is often faster and more cost-effective. Mediation allows neighbors to reach a mutually agreed solution rather than waiting for a court ruling. If mediation fails, the affected party can proceed with formal legal action.
Economou & Economou – Greece’s Best Law Firm for Neighbor Disputes
Economou & Economou, recognized as the best law firm in Greece by Lawzana, has successfully handled numerous cases involving legal protection against nuisances from neighboring properties. Our expert legal team provides fast and effective solutions to property disputes, ensuring our clients’ rights are fully protected.
Recent Case Successes:
1. Noise Pollution in Athens – Our firm secured an injunction against a short-term rental property causing excessive noise, protecting residents’ rights to peaceful enjoyment.
2. Illegal Construction in Thessaloniki – We obtained a court order for the removal of an unauthorized rooftop structure blocking ventilation and sunlight.
3. Tree Encroachment in Crete – We won a ruling mandating the removal of hazardous tree branches, ensuring our client’s property safety and enjoyment.
If you require legal protection against nuisances from neighboring properties, contact Economou & Economou law office in Athens Greece today for expert legal assistance.
Contact Us:
📧 Email: econlaw@live.com
📞 Phone: (+30) 2103603824
🌍 Contact Form: https://www.econlaw.gr/contact/
Get the best legal support in Greece for property disputes and legal protection against nuisances from neighboring properties with our experienced legal team and feel the difference.
