Dogs may not be in shared gardens to roam freely. Photo: Ehrhardt / Immowelt.de
Nuremberg - Pets result in beautiful regularity neighborhood feud. Now there's a new decision: If two owners may jointly a garden, the one where the dog does not walk around normally unangeleint. A dog can not walk around in the common garden of a home owners' association freely. Reference to a recent decision of the Karlsruhe Higher Regional Court (Case No.: 14 Wx 22/08). The reason given is that the dog is a latent danger for the people going out. In addition, contamination of the garden was to be expected by the animal. Plaintive and defendant are each owners of an apartment in a two family house in a small town on Lake Constance.
The garden is shared, there are no special rights. One family bought for her eleven year old daughter of a St. Bernard puppy, which she could run free in the garden. The other owner couple, parents of two young children, turned himself in court against the dog. In the first instance the District Court had forbidden to leave the dog generally run in the garden - whether free or on a leash. The district court overturned this decision consistency, as no reasons were given for a specific impairment by the dog. The dog will run out of land. He will trained, its size alone is not indicative of the danger. But still no end in sight process. The Higher Regional Court of Karlsruhe has quashed the decision of the District Court of Konstanz and remanded the animal matter for a new decision on the court - not without some general remarks: In balancing the interests involved should be borne in mind that it was when the animal is a very big dog . Although the dog had bitten someone never.
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