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Neighbor disputes can also be resolved through legal means. They are regulated by the Civil Code, according to which everyone has the right to use their property undisturbed.
Source: TASR/Dano Veselský
Most often, people complain about noise, smell, waste or shading from their neighbors. This was pointed out by the partner of the law firm Vojčík & Partners Leo Teodor Vojčík.
According to Vojčík, in the event of a neighborhood dispute, the first thing to consider is an attempt at an informal solution, namely by approaching the neighbor and trying to reconcile.
“If, despite efforts, an agreement is not reached and the neighbor continues to interfere with the undisturbed, peaceful use of the property, protection and reconciliation can be sought in the municipality where the property is located.” clarified Vojčík, stating that the right to seek protection in court is not affected.
If solving the situation amicably is not possible, according to Vojčík, a pre-suit out-of-court summons should follow. However, for writing it, he recommends contacting a lawyer, who will correctly formulate the wording of the call and ask for correction.
According to Vojčík, if even a pre-trial summons does not resolve the situation, it is necessary to file a lawsuit in the relevant court.
If the matter cannot be delayed, a person can file a motion for an urgent measure together with the lawsuit, through which the court will temporarily restrain the neighbor in his illegal actions, he explained.
“After success in the proceedings in case of non-respect of the court’s decision by the defendant neighbor, the plaintiff, in this case the neighbor whose rights were unlawfully interfered with, can demand the enforcement of the granted right through the bailiff,” he added.
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Source: TASR
