Măsurile reparatorii pentru depăşirea inconvenientelor normale ale vecinătăţii

Remedies to overcome normal neighbourhood nuisances

Abstract

The subject-matter of the dispute is the remedy for damage caused to neighbouring relations by the excavation of neighbouring land and the creation of a difference in level between neighbouring properties. In the present case, the plaintiff alleged in fact that, following the construction of the building on the neighbouring land by the defendant, which required excavation of the soil, a difference in level of approximately 80 cm between the two properties resulted, the area of land at the boundary of his property not being protected from slipping and being washed away with every rain, and the privacy of his property being affected.

The liability of the neighbouring owner, based on the provisions of Article 630 of the Civil Code, does not presuppose the fault of the person causing inconvenience, but requires proof of damage caused to the plaintiff by...