Conflicts between neighbors are among the most common civil disputes in Belgium. Whether it is overhanging trees, noise, nuisance from renovations or disputed access roads: neighbor nuisance and easements are complex legal matters in which a lawyer can play a crucial role.
What is neighborhood nuisance?
Neighborhood nuisance is the legal figure in which an owner or occupant causes a nuisance that exceeds the normal boundaries of neighborly relations. Examples include excessive noise, odor nuisance, light pollution, humidity damage or nuisance caused by construction activities. In Belgian law, the theory of the equilibrium theory (Article 3.101 BW) applies: when an owner's activities disturb the state of balance between neighboring properties, the aggrieved neighbor is entitled to compensation or remedial measures, even without fault on the part of the causer.
Most common forms of neighbor nuisance
- Noise: music, machinery, pets, night noise;
- Structures: vibration, dust, intentional damage to foundations;
- Planting: overhanging branches, roots causing damage, hedges taking away light;
- Flooding: water running off onto neighbor's property due to inadequate drainage;
- Odor nuisance: odor of kitchen, animal or industrial activities;
- Smoke nuisance: of barbecues, fireplaces or smoking in shared areas.
What are easements?
An easement (servitude) is a burden placed on one property (the servient yard) for the benefit of another property (the governing yard). Easements can arise by operation of law (statutory easements), be established by agreement, or be acquired by prescription. Common easements are:
- Right of way easement: right of passage over the neighbor's plot if one's own plot has no access to the public road (Article 3.137 of the Civil Code);
- Inheritance of light and views: restrictions on building walls or installing windows;
- Easement of gutter: right to drain stormwater over the neighbor's lot.
How is a neighbor dispute resolved?
In neighbor disputes, it is appropriate to first try to establish a amicable settlement reach out, possibly through mediation. If that fails, one can turn to the justice of the peace, which has jurisdiction over all disputes regarding neighborhood nuisances and easements regardless of the amount. In urgent cases, summary proceedings may be initiated.
What evidence is needed?
For a neighbor dispute, evidence is essential. An attorney can advise you on having an expert review by a court expert, collecting photo and video footage, witness statements, and preparing a detailed log of the nuisance. A well-documented case significantly increases the chances of a successful outcome.
Help with a neighbor dispute?
Novex Lawyers assists you with neighbor disputes, easement issues and real estate conflicts in the Brussels area and its surroundings. We analyze your case and advise you on the most efficient approach, aimed at a quick and definitive solution.
Also read: Rental property in Belgium: rights of the landlord