Neighbour law

Neighbor Disputes

Are you in need of assistance and legal advice regarding a neighbour dispute or other property-related neighbour law matters? At KROMANN Law Firm, our specialists can help you if you have a dispute with your neighbour.

What is neighbour law?

Neighbour law is a part of property law that traditionally regulates an owner’s property rights and the limitations of those rights in relation to owners of neighbouring properties. The starting point in neighbour law is that, as an owner of real property, you are generally entitled to use your land as you wish.

Neighbour law applies exclusively to real property and the proximity between two properties. The concept of “neighbour” is not determined solely by physical closeness, but also by whether a person is affected by inconveniences that exceed what is considered reasonable tolerance. Protection under neighbour law therefore applies only if the affected party is individually impacted on their property and there is sufficient geographical proximity to the specific nuisance caused by another property. Tenants enjoy the same protection under neighbour law as property owners.

Neighbour law has developed through case law and is therefore based on both written and unwritten legal principles, including the Danish Fence Act and building regulations. Most neighbour law issues are not directly regulated by statute, where the so-called “tolerance threshold” plays a key role. This threshold limits what a property owner may do on their land in consideration of nuisances affecting neighbouring properties. Such nuisances may include noise, smell, pollution, light exposure (such as glare from sunlight), loss of view, falling debris, and more.

The tolerance threshold thus helps define the limitations of property rights.

For example, if your neighbour’s roof causes sunlight glare into your living room, this is a matter covered by neighbour law, and at KROMANN Law Firm we can assist you.

If you find yourself in a similar situation and need a lawyer for a neighbour law dispute, please contact us via our contact form on the right side of the page.

Fencing disputes

If you are in a situation where a dispute has arisen with a neighbour, for example regarding a fence, KROMANN Law Firm is the right place to seek assistance. Fence disputes are regulated by the Danish Fence Act, which falls under neighbour law and governs fences between two properties. The Act regulates what types of fences are permitted on the relevant properties, as well as how fences must be constructed and maintained.

When disputes arise regarding fencing between neighbours, an assessment of the fence must be carried out. This is typically done by an authority or a qualified expert, who ultimately decides the dispute, although there is the possibility of appealing to the Danish courts.

Boundary surveys

If you have a dispute with a neighbour about the location of a property boundary, please call us on +45 8618 1102 – we are specialists in this area. There may be disagreement about where a fence or hedge is located, which affects the size of the property. Establishing a property boundary is therefore a complex and demanding process, as it may result in part of your land being transferred to a neighbouring property due to an earlier incorrect boundary determination.

A boundary survey must therefore be carried out to determine the property line. At KROMANN Law Firm, we are ready to guide you safely through the boundary survey process and the related legal proceedings.

RIGHTS OF WAY

There are many rules governing roads, which are primarily divided according to the type of road. A distinction is made, for example, between private shared roads and private roads.

A private shared road is open to all public traffic and is linked to several properties that are located along or adjacent to the road. The maintenance obligation for a private shared road lies with the property owners whose land borders the road and who use it. The costs of maintenance are shared among the owners.

If you want clear rules for the maintenance of a private shared road, it is often advisable to establish a homeowners’ association or a road association responsible for its upkeep. KROMANN Law Firm’s lawyers are happy to assist with the establishment of such associations.

A private road, on the other hand, may be a driveway or a field track that does not extend across other properties. The maintenance obligation lies solely with the owner of the property. However, there may be a registered right of way over a private road—for example in rural areas where a farmer is allowed to use a field track, or in residential areas where access to one property requires crossing a neighbour’s driveway.

Interpretation of rights of way often leads to disputes between neighbours, and it is always advisable to seek legal assistance. The lawyers at KROMANN Law Firm can help you clarify your rights of way, including handling communication with your neighbour. We always aim for a constructive dialogue and resolution, as neighbours must continue to live side by side after a dispute has been resolved. If your case cannot be settled amicably, we are also prepared to take it further. We have rights of audience before both the High Court and the Supreme Court and can therefore handle your case all the way.

Disputes over trees on a neighbour’s property

As a general rule, you are not allowed to take independent action regarding your neighbour’s trees, even if they cause inconvenience—for example by casting shade on your property or dropping leaves and branches. However, there are exceptions.

This may apply if the neighbour’s trees exceed the level of nuisance that a neighbour must reasonably tolerate. For instance, if trees or falling branches create a safety risk on your property.

If you need legal advice regarding a dispute about trees on your neighbour’s property or other related nuisances, please contact us on +45 8618 1102.

Expropriation

In expropriation cases, it is advisable to seek legal advice so you are not left alone during what is often a complex process. In such cases, most people have legal expenses insurance that covers legal costs arising in disputes between the expropriating authority and the property owner. At KROMANN Law Firm, we can assist you in your expropriation case and have extensive knowledge of the relevant legislation, including expropriation law and the Danish Constitution.

We work to ensure that your rights are protected and that any expropriation is carried out in the most fair and lawful manner possible.

There are three conditions that must be met for the public authorities to carry out expropriation under Section 73 of the Danish Constitution:

The interference must be based on law
It must be required for the public good
Full compensation must be paid

The purpose of Section 73 is to ensure that individual citizens do not bear disproportionate financial burdens as a result of state interference with private property, and to protect against arbitrary, uncompensated deprivation of property—an essential principle of a constitutional state.

But why is expropriation carried out at all? It is sometimes necessary to interfere with private property rights in order to serve the public interest, for example in connection with roads, railways, and similar infrastructure projects. It is therefore important to have a strong lawyer protecting your interests so that the expropriation is carried out in a fair and lawful manner.

CONTACT US TODAY

We conduct court cases nationwide and are therefore ready to advise you regardless of where you live in the country. Contact us by phone on +45 8618 1102 or email kontakt@advokatkromann.dk.

You can read more about our assistance in litigation and disputes on the page below.