Nachbarschutz

English translation: protection of neighbours' rights

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Nachbarschutz
English translation:protection of neighbours' rights
Entered by: Margaret Marks

11:59 Apr 23, 2005
German to English translations [PRO]
Law/Patents - Real Estate
German term or phrase: Nachbarschutz
Context are the guidelines for development of a property, in list form. The full sentence:
Freihaltung der Anschlussbereiche nach Süden und Osten im Blockinnenbereich(Nachbarschutz Spielplatz und Wohnnutzung)
I've come up with this:(playground and residential use, tenants’ rights), but am not sure. Is there a better English equivalent for Nachbarschutz?
mill2
Local time: 10:27
protection of neighbours' rights
Explanation:
Nachbarschutz is a standard term in building law. (It *can* also mean neighbourhood watch, but not in this context, not in building law). I would therefore not write 'tenants'', even if in the present case it is tenants who are protected, since they are protected in their capacity as neighbours, not tenants.
The 'protection' in this case is the space that has to be left between the building and the playground area etc. See for example
http://www.bau.net/forum/planung/1767.htm
Baugrenzen wurden von Gerichten als Nachbarschützend anerkannt. (I'm also relying on Baurecht von A - Z by Werner/Pastor/Müller, C.H.Beck Verlag
Selected response from:

Margaret Marks
United Kingdom
Local time: 09:27
Grading comment
This indeed seems to be the right formulation for the context. Thank you very much! Thanks also to the other answerers, especially Anne for her thoroughness!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2Neighbourhood watch (area)
Katja Bell
5 +1protection of neighbours' rights
Margaret Marks
4 +1Definition of "neighbour" from Donoghue v. Stevenson
Anne Gillard-Groddeck
4Rights of neighbouring occupiers
Anne Gillard-Groddeck
3enjoyment
Anne Gillard-Groddeck
4 -1neighbor principle
transjura (X)
2adjoining owners' legal protection
Derek Gill Franßen


  

Answers


15 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
neighbor principle


Explanation:
I thought of these two explantions and think that neighbor principle is pretty close to Nachbarschutz.
Neighbor principle:
Black' law dictionary: Doctrine that one must take reasonable care to avoid acts or omissions that one can reasonably foresee will belikely to injure one's neighbor.
Bayerisches Sozialministrerium: Sozialrechtsfibel:
Nachbarschutz
Jedermann hat im Rahmen der Gesetze das Recht auf ungestörte Nutzung seines Eigentums, seiner Wohnung und seines Grundstücks. Wird der Grundstückseigentümer in der Nutzung durch Immissionen von Nachbargrundstücken beeinträchtigt, räumen ihm die Vorschriften des Bürgerlichen Gesetzbuches einen Anspruch auf Unterlassung, auf Abhilfemaßnahmen oder auf Ausgleich in Geld ein.

transjura (X)
Local time: 10:27
Native speaker of: Native in GermanGerman

Peer comments on this answer (and responses from the answerer)
disagree  Anne Gillard-Groddeck: Sorry, but the neighbour principle is a basic element of the law of tort. It is clearly defined by Lord Atkin in Donoghue v. Stevenson [1932] AC 562. I wlll have to "propose an answer" to give you the definition of "neighbour" in English law.
22 mins
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44 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Definition of "neighbour" from Donoghue v. Stevenson


Explanation:
Lord Aktin:

"Who then, in law, is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in my contemplation as being so affected when am I directing my mind to the acts or omissions which are called in question."

Thus "neighbour" is not the physical, next-door neighbour occupying a piece of land next to mine, but neighbour in the Biblical sense of "love thy neighbour" (from which Lord Atkin took his definition).

"persons closely and directly affected by my act" so that I should "reasonably have them in my contemplation".

It doesn't matter where they are and if you do have them in mind. The word "reasonably" tells you this (the "reasonable man or now person" principle)

Thus in the case in question a manufacturer of ginger beer with a snail in it was found liable to a young lady in Scotland under the neighbour principle. The young lady was not his next-door neighbour, but a consumer of the ginger beer in a cafe.

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Note added at 2005-04-23 12:53:51 (GMT)
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The duty of care that road users owe to other road users is another example of the \"neighbour principle\" at work, irrespective of any statutory liability that is imposed through legislation.

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Note added at 2005-04-23 13:45:01 (GMT)
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I would say that there is no real \"English\" equivalent as the rights of the immediate neighbourhood are defined negatively rather than positively.
The two torts that come into mind here are private nuisance and trespass.
The private nuisance tort is \"unlawful intereference with a person\'s use or enjoyment of land, or some right over, or in connection with it.\" (Winfield & Jolowicz on Tort - 15th edition, p. 494).

Thus the immediate neighbour has a right to be free of \"unlawful interference\" (private nuisance) and also of \"unauthorised entry to his land\" (trespass).

In both cases these rights are defined negatively rather than positively, which I think is probably the key difference between the different jurisdictions and which often makes translation so difficult, except, of course, where you are dealing with areas where the law is almost identical (EC law).

Anne Gillard-Groddeck
Local time: 10:27
Native speaker of: Native in EnglishEnglish
PRO pts in category: 6

Peer comments on this answer (and responses from the answerer)
agree  Derek Gill Franßen: Yes, "private nuisance," though "peaceful enjoyment" is not only restricted to the relationship between landlords and tenants (IMHO). :-)
1 hr
  -> It's quiet enjoyment that is implied into leases between landlord and tenant in the absence of express provisions. However the landlord is not liable for the neighbour playing a trumpet all night.
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
enjoyment


Explanation:
Caution is urged here as the right to "quiet enjoyment" is a covenant between landlord and tenant.

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Note added at 2005-04-23 14:00:48 (GMT)
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Ok it\'s \"quiet enjoyment\", rather than \"peaceful enjoyment\", but it could still be misleading.

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Note added at 2005-04-23 14:47:02 (GMT)
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Enjoyment on its own is OK.

Private nuisance has been defined as \"a tort to land. Or to be more accurate it was a tort directed against the plaintiff\'s enjoyment of rights over land\"

(Professor Newark in \"The Boundaries of Nuisance\" (1949) as citied in Hunter v. Canary Wharf Ltd [1997] 2 ALL ER 426)


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Note added at 2005-04-23 14:48:11 (GMT)
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Sorry about the spelling mistake - that should be \"cited\"

Anne Gillard-Groddeck
Local time: 10:27
Native speaker of: Native in EnglishEnglish
PRO pts in category: 6
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1 hr   confidence: Answerer confidence 2/5Answerer confidence 2/5
adjoining owners' legal protection


Explanation:
So saith Romain inter alia. ;-)

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Note added at 1 hr 54 mins (2005-04-23 13:53:50 GMT)
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...for example \"the adjoing owners\' legal protection against infringements to peaceful enjoyment of their premises\"

:-)

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Note added at 1 hr 57 mins (2005-04-23 13:56:53 GMT)
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Silfilla and Anne do make a good point in their comments, perhaps you could go ahead and use \"neighbo(u)\" - as in \"legal protection for the neighbor, for example, against violations of peaceful enjoyment of their premises.\"
:-)

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Note added at 1 hr 59 mins (2005-04-23 13:59:09 GMT)
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Of course I mean \"infringements to the peaceful enjoyment\" the entire time! ;-)

Derek Gill Franßen
Germany
Local time: 10:27
Native speaker of: English
PRO pts in category: 38

Peer comments on this answer (and responses from the answerer)
neutral  silfilla: won't work if the properties are rented, not owned
3 mins
  -> Hmmm... we could go with "neighbo(u)r" - "legal protection for the neighbor, for example, against violations of peaceful enjoyment of their premises." :-)

neutral  Anne Gillard-Groddeck: That would depend on whether they are owners or not.
7 mins
  -> See my note on Silfilla's comment. :-)
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
Neighbourhood watch (area)


Explanation:
That's what they call it in the UK.

Katja Bell
Germany
Local time: 10:27
Native speaker of: Native in EnglishEnglish, Native in GermanGerman

Peer comments on this answer (and responses from the answerer)
agree  Trans-Marie: Es geht ja um eine Beschreibung der Gegend, die offenbar eine reine Wohngegend ist und zudem ueber einen "Nachbarschutz-Spielplatz" verfuegt. Um zivilrechtliche Definitionen von Nachbar, Nachbarschutz, Nuisance etc. geht es hier gar nicht.
1 hr

agree  ezbounty@aol.co: neighborhood watch in the US
4 hrs
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Rights of neighbouring occupiers


Explanation:
After all this, I have finally come up with a translation that might somehow bridge the divide.

In the Canary Wharf case it was stressed that the rights attach to the occupiers, whether they be owner-occupiers or tenants.

Thus an owner occupier or a tenant can sue in private nuisance, i.e. someone in exclusive possession, but not usually a landlord unless something terrible is happening to their property (such as serious vibrations affecting the foundations).

A guest at a hotel, although somebody's "neighbour" for a short time at least could not sue in private nuisance as the hotel guest does not have exclusive possession, but merely a licence to use the rooms.

Anne Gillard-Groddeck
Local time: 10:27
Native speaker of: Native in EnglishEnglish
PRO pts in category: 6
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10 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
protection of neighbours' rights


Explanation:
Nachbarschutz is a standard term in building law. (It *can* also mean neighbourhood watch, but not in this context, not in building law). I would therefore not write 'tenants'', even if in the present case it is tenants who are protected, since they are protected in their capacity as neighbours, not tenants.
The 'protection' in this case is the space that has to be left between the building and the playground area etc. See for example
http://www.bau.net/forum/planung/1767.htm
Baugrenzen wurden von Gerichten als Nachbarschützend anerkannt. (I'm also relying on Baurecht von A - Z by Werner/Pastor/Müller, C.H.Beck Verlag

Margaret Marks
United Kingdom
Local time: 09:27
Native speaker of: Native in EnglishEnglish
PRO pts in category: 45
Grading comment
This indeed seems to be the right formulation for the context. Thank you very much! Thanks also to the other answerers, especially Anne for her thoroughness!

Peer comments on this answer (and responses from the answerer)
agree  Derek Gill Franßen: Yes, that is what I think too. :-)
17 hrs
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