GÜNTER MÜLLER

RECHTSANWALT

GÜNTER MÜLLER

Enforcement of Claims for repair, omission and damages in the process

Despite the possibilities of alternative dispute resolution, a process can not always be avoided. Ifi the neighbour does not want to change or eliminate his behaviour, proceedings must be instituted. More than ever, you must enforce your claim, if you suffered a loss, which needs to be reimbursed.

Claims for repair or omission also exist if your neighbour has not acted culpably. Damages presupposes fault.

We help you to enforce your claims in court and then also to enforce, should your neighbor not meet its obligations voluntarily.

Implementation of submission or opposition proceedings against officials and authorities

If neighbours violate against public law, in particular against building code requirements, you can proceed civilly against your neighbours. However, you can also engage the planning authority, so that those interfere. Both claims are independent of each other.

We help you to make the relevant proposals and to enter objections, if the authorities do not act or do not act lawfully.

Advising owners, tenants and neighbors

Before you start a dispute with your neighbor, you should inform yourself about your rights and obligations. Neighbourly relations consist for years and often a lifetime. Hasty actions destroy this relationship.

However, of course you do not have to tolerate everything what neighbours like to. Some commercial use is incompatible with the character of your residential area. Some plants affect your plot and some livestock must not be tolerated.

We provide comprehensive advice, so that you can exercise your rights properly and in time.

Applications for representation in arbitration procedures

In neighbourly disputes, the legislator provides that you need to perform extra-judicial conciliation proceedings before a judicial proceeding. The legislature hopes that that way court disputes are avoided, because even after a lawsuit, the neighbors must live side by side.

We ask for the implementation of an arbitration procedure before the competent arbitrator and represent you in this process.

Please keep in mind that you do not have to commit yourself in an arbitration if you do not want it. However, should you agree with your neighbour the once made compromise is as binding as an agreement in court.
In order to avoid any mistakes, we will assist you.

Address

FMR Rechtsanwälte
Schwanenhöfe
Erkrather Straße 220 b
40233 Düsseldorf

Contact

Phone: +49(0)211 / 88 00 588
Fax:       +49(0)211 / 83 69 111
E-Mail: info@fmr-kanzlei.de