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=U3= Sec903 -- Section 903 Powers of the owner
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=S=> BGB 903 The owner of a thing may , to the extent that a statute or third-party rights do not conflict with this , deal with the thing at his discretion and exclude others from every influence . The owner of an animal must , when exercising his powers , take into account the special provisions for the protection of animals .
=U3= Sec904 -- Section 904 Necessity
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=S=> BGB 904 The owner of a thing is not entitled to prohibit the influence of another person on the thing if the influence is necessary to ward off a present danger and the imminent damage is disproportionately great in relation to the damage suffered by the owner as a result of the influence . The owner may require compensation for the damage incurred by him .
=U3= Sec905 -- Section 905 Restriction of ownership
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=S=> BGB 905 The right of the owner of a plot of land extends to the space above the surface and to the subsoil under the surface . However , the owner may not prohibit influences that are exercised at such a height or depth that he has no interest in excluding them .
=U3= Sec906 -- Section 906 Introduction of imponderable substances
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=S=> BGB 906. 1 The owner of a plot of land may not prohibit the introduction of gases , steam , smells , smoke , soot , warmth , noise , vibrations and similar influences emanating from another plot of land to the extent that the influence does not interfere with the use of his plot of land , or interferes with it only to an insignificant extent . An insignificant interference is normally present if the limits or targets laid down in statutes or by statutory orders are not exceeded by the influences established and assessed under these provisions . The same applies to values in general administrative provisions that have been issued under section 48 of the Federal Environmental Impact Protection Act [ Bundes-Immissionsschutzgesetz ] and represent the state of the art .
=S=> BGB 906. 2 The same applies to the extent that a material interference is caused by a use of the other plot of land that is customary in the location and cannot be prevented by measures that are financially reasonable for users of this kind . Where the owner is obliged to tolerate an influence under these provisions , he may require from the user of the other plot of land reasonable compensation in money if the influence impairs a use of the owner's plot of land that is customary in the location or its income beyond the degree that the owner can be expected to tolerate .
=S=> BGB 906. 3 Introduction through a special pipe or line is impermissible .
=U3= Sec907 -- Section 907 Facilities threatening danger
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=S=> BGB 907. 1 The owner of a plot of land may require that on the neighbouring plot of land no facilities may be produced or kept of which it can be predicted with certainty that their existence or use have an impermissible influence on the owner's plot of land . Where an installation satisfies the provisions of Land law that prescribe a specific distance from the boundary or other protective measures , then the removal of the installation may be required only if the impermissible influence actually occurs .
=S=> BGB 907. 2 Trees and bushes are not facilities within the meaning of these provisions .
=U3= Sec908 -- Section 908 Imminent collapse of building
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=S=> BGB 908 If a plot of land is subject to the risk that it is damaged as the result of the collapse of a building or of another structure that is connected to a neighbouring plot of land , or of the breaking away of parts of the building or of the structure , the owner may require of the person who would be responsible for the damage occurring under section 836 ( 1 ) or sections 837 and 838 that this person takes the precaution necessary to ward off the danger .
=U3= Sec909 -- Section 909 Excavation
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=S=> BGB 909 A plot of land may not be excavated in such a way that the ground of the neighbouring plot of land loses its necessary support , unless care has been taken to provide a sufficient reinforcement of another kind .
=U3= Sec910 -- Section 910 Overhang
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=S=> BGB 910. 1 The owner of a plot of land may cut off and keep roots of a tree or of a bush that have intruded from a neighbouring plot of land . The same applies to projecting branches if the owner has laid down a reasonable period for the possessor of the neighbouring plot of land to remove them and the removal does not take place within the period .
=S=> BGB 910. 2 The owner does not have this right if the roots or the branches do not adversely affect the use of the plot of land .
=U3= Sec911 -- Section 911 Falling fruit
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=S=> BGB 911 Fruit that falls from a tree or a bush onto a neighbouring plot of land is deemed to be the fruit of this plot of land . This provision does not apply if the neighbouring plot of land is for public use .
=U3= Sec912 -- Section 912 Encroachment ; duty to tolerate
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=S=> BGB 912. 1 If the owner of a plot of land , when erecting a building , built over the boundary , but this was neither intentional nor the result of gross negligence , the neighbour must tolerate the encroachment , unless the neighbour filed an objection before or immediately after the encroachment across the boundary .
=S=> BGB 912. 2 The neighbour must be compensated by periodical payments . The amount of the periodical payments depends on the period of the encroachment across the boundary .
=U3= Sec913 -- Section 913 Payment of periodical payments for encroachment
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=S=> BGB 913. 1 The periodical payments for the encroachment must be paid by the owner for the time being of the other plot of land to the owner for the time being of the neighbouring plot of land .
=S=> BGB 913. 2 The periodical payments must be paid annually in advance .
=U3= Sec914 -- Section 914 Priority , registration and extinction of periodical payments
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=S=> BGB 914. 1 The right to the periodical payments has priority over all rights in the encumbered plot of land , even the older rights . It is extinguished when the encroachment is removed .
=S=> BGB 914. 2 The right is not registered in the Land Register . To waive the right and to determine the amount of the periodical payments by contract , registration is necessary .
=S=> BGB 914. 3 Apart from this , the provisions that apply to a charge on land existing for the benefit of the owner for the time being of a plot of land shall apply .
=U3= Sec915 -- Section 915 Purchase
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=S=> BGB 915. 1 The person entitled to the periodical payments may at any time require that the person liable for the periodical payments , in return for the transfer of ownership of the part of the plot of land built over , reimburse him the value that this part had at the time of the encroachment across the boundary . If he makes use of this power , the rights and duties of both parties are governed by the provisions on sale .
=S=> BGB 915. 2 For the period until the transfer of ownership , the periodical payments shall continue to be paid .
=U3= Sec916 -- Section 916 Adverse effect on heritable building right or servitude
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=S=> BGB 916 If the encroachment has an adverse effect on a heritable building right or a servitude over the neighbouring plot of land , the provisions in sections 912 to 914 apply with the necessary modifications in favour of the person entitled .
=U3= Sec917 -- Section 917 Right of way of necessity
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=S=> BGB 917. 1 If a plot of land lacks the connection to a public road necessary for the due use , the owner may require of the neighbours that until the defect is removed they tolerate the use of their plots of land to create the necessary connection . The direction of the right of way of necessity and the scope of the right of use are , if necessary , determined by judicial decision .
=S=> BGB 917. 2 The neighbours over whose plots of land the right of way of necessity leads must be compensated by periodical payments . The provisions of section 912 ( 2 ) sentence 2 and sections 913 , 914 and 916 apply with the necessary modifications .
=U3= Sec918 -- Section 918 Exclusion of the right of way of necessity
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=S=> BGB 918. 1 The obligation to tolerate the right of way of necessity does not arise if the previous connection of the plot of land with the public road is ended by an arbitrary act of the owner .
=S=> BGB 918. 2 If , as a result of the disposal of part of the plot of land , the part sold or the part retained is cut off from the connection with the public road , the owner of the part over which the connection was previously made must tolerate the right of way of necessity . The disposal of one part is equivalent to the disposal of one of more than one plots of land belonging to the same owner .
=U3= Sec919 -- Section 919 Boundary marking
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=S=> BGB 919. 1 The owner of a plot of land may require from the owner of a neighbouring plot of land that the latter cooperates in erecting fixed boundary markers and , if a boundary marker has moved or become unrecognisable , in the restoration . BGB 919. 2 The type of marking and the procedure are determined in accordance with Land statutes ; if these contain no provisions , local practice decides . BGB 919. 3 The costs of the boundary marking are to be borne by the parties in equal parts , unless a legal relationship existing between them leads to a different conclusion .
=U3= Sec920 -- Section 920 Confusion of boundaries
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=S=> BGB 920. 1 If , in the case of a confusion of boundaries , the true boundary cannot be established , the delimitation is determined by possession . If the possession cannot be established , a piece of equal size of the area in dispute must be allocated to each of the plots of land .
=S=> BGB 920. 2 If a determination of the boundary under these provisions leads to a result that does not correspond to the circumstances determined , in particular with the fixed size of the plots of land , the boundary shall be drawn in a way that is equitable with regard to these circumstances .
=U3= Sec921 -- Section 921 Joint use of boundary installations
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=S=> BGB 921 If two plots of land are separated by a space , border , corner , a ditch , a wall , hedge , fence or another structure that benefits both plots of land , it is presumed that the owners of the plots of land are jointly entitled to use the structure , unless outward features indicate that the structure belongs to one of the neighbours alone .
=U3= Sec922 -- Section 922 Manner of use and maintenance
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=S=> BGB 922 If the neighbours are jointly entitled to use one of the installations set out in section 921 , each of them may use them for the purpose indicated by their nature to the extent that the joint use of the other neighbour is not adversely affected . The costs of maintenance are to be borne by the neighbours in equal shares . As long as one of the neighbours has an interest in the continuance of the installation , it may not be removed or altered without his approval . Apart from this , the legal relationship between the neighbours is governed by the provisions on co-ownership .
=U3= Sec923 -- Section 923 Boundary tree
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=S=> BGB 923. 1 Where there is a tree standing on the boundary , the fruits and , if the tree is felled , the tree itself belong to the neighbours in equal shares .
=S=> BGB 923. 2 Each of the neighbours may require the tree to be removed . The costs of the removal are borne by the neighbours in equal shares . The neighbour who requires the removal , however , must bear the costs alone if the other neighbour waives his right to the tree ; in this case he acquires sole ownership upon the separation . The claim to removal is excluded if the tree serves as a boundary marker and in view of the circumstances cannot be replaced by another appropriate boundary marker .
=S=> BGB 923. 3 These provisions also apply to a bush standing on the boundary .
=U3= Sec924 -- Section 924 Neighbour-law claims not subject to the statute of limitations
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=S=> BGB 924 The claims arising from sections 907 to 909 , 915 , 917 ( 1 ) , 918 ( 2 ) , 919 , 920 and 923 ( 2 ) are not subject to the statute of limitations .
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