Update of neighborhood relations as a limitation on ownership rights: its scope and effectiveness according to case law

Abstract

Neighborhood relations constitute a classical limitation on ownership rights, arising from the human necessity of living in society. The owner of a property is restricted in the exercise of their ownership rights when such exercise causes excessive disturbances to neighboring properties and must therefore refrain from engaging in such disruptive acts. Since their origins in Roman Law, these limitations have evolved—albeit retaining their essential nature. This paper examines the evolution of their concept, scope, and content in light of case law, with particular attention paid to their effectiveness and development in new areas and aspects that were previously considered irrelevant.

The transition from a rural society to an urban and industrialized one has significantly influenced this transformation, a shift that must be acknowledged for the effective application of these limitations by legal professionals.