Legal Rules of Neighbouring Rights in Hungary

The property right is the most complete right which covers the right of possession, tenure, utilization and disposal over the property.

Although the completeness of the right of property does not mean that we can do anything with our property. There are legal restrictions both set up by public interest (e.g protection of art relics), and restrictions set up by private interest. Neighbouring rights are the subject-matter of the latter.

Neighbouring rights include restrictions regarding the right of tenure of the owner. The sense of the restrictions set up by neighbouring rights are that the tenure of the property affects usually - more or less – another person.

These person are usually the neighbours of our property but they can be also the tenants with whom we rent the house jointly.

The general rule set by the Civil Code is that the owner is obliged, while using a thing, to refrain from any conduct that would needlessly disturb others, especially his neighbours, or that would jeopardize the exercise of their rights.

That rule is called prohibition of the needless disturbance. It can be derived from the above that the necessary disturbance shall be tolerated by our neighbours and any other person which is affected by the tenure of our property.

The Hungarian Civil Code Describes the Neighbouring Rights As Follows.

Right of Ground-Support

Consequently the owner may not deprive the neighbouring building of its necessary ground-support without providing another appropriate means of securing it.

The necessary ground-support of the neighbouring building may be affected by your building activity with regard to the exploitation of soil (e.g excavation of the basis of your house, establishment of cellar or garage).

Fallen Fruits, Cut Branches

Another rule of the Civil Code regarding neighbouring rights reads that the owner may keep the fruits fallen from branches reaching over his land if they are not gathered by the owner of the tree; he is not entitled to cut branches bending over or roots spreading over his land, unless they prevent him from the proper use of his land, and the owner of the tree does not remove them in spite of being requested to do so.

Entrance Permit

The rules of neighbouring rights include that the owner shall permit entrance to his property for compensation if it is necessary for

• doing works of public interest,
  
  
• harnessing animals,
  
  
• gathering fruit from branches reaching over his land,
  
  
• removing branches or roots, or
  
  
• for other important reasons.

Construction, Demolition

The law accepts the right for use of the neighbouring plot if it is necessary for the construction, demolition, reconstruction or maintenance of a building located on his land.

Right of Fence

The right of fence belongs to the sphere of neighbouring rights. The Civil Code reads the following:

„If two parcels of land are separated by a fence (hedge) or a borderland, the affected neighbours shall be entitled to use it jointly. Costs of maintenance shall be borne by neighbours in proportion to their statutory obligation to erect a fence. If it is not prescribed by legal regulation, costs shall be borne in proportion to the length of the land to be enclosed.”

The legal disputes between neighbours is settled by the Court, which decides whether the disturbance in question has exceeded the reasonable standard or not.

I wish you good relationship with your neighbours.

Budapest, July 2008

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