Originally, the publication of a column was planned at this point. However, we have decided to simply let German courts speak, because reality surpasses any satire. Here are two groundbreaking verdicts on cute silverfish and dazzling fireplaces.
Property law: glare from stainless steel chimney - tolerance obligation!
Glare from a neighbor's stainless steel chimney is to be tolerated if the impairment caused by it is not material. This is the case when the glare is only present when looking directly to the chimney and can be avoided if the neighbor avoids looking at 15 degrees. The neighbor complained that her neighbor's chimney system was being put into a condition that excluded glare, but to no avail. In that regard, the expert found, to the satisfaction of the General Court, that the blending situation in this case can not be compared with that of solar panels. It is here a "psychological glare", which leads to an unwanted distraction of the line of sight to the dazzling chimney. Glare only occurs when the person is looking directly towards the chimney. However, the average intelligent land user does not look in the direction of the chimney, which is why the dazzling effect is to be tolerated as an insignificant disturbance.
LG Magdeburg, judgment of the 05.10.2017, 10 O 1937 / 15, IBRRS 2017, 3409
Buying a house: silverfish are not a "material defect"
The mere fact that there are insects in a house is not a “material defect” in the sense of civil law. Thus, a buyer of a used property cannot withdraw from the purchase contract if he notices after moving in that the house is infested with silverfish. Only when the insects are so strong that the rooms become uninhabitable can one speak of a deficiency. Even a stubborn infestation that could not be eradicated despite intensive control is no reason to cancel the sales contract. There was no defect at the time the apartment was handed over. In principle, the animals do not pose a health risk.
OLG Hamm, 22 U 64 / 16