The legal practice analyser group of the Curia (i.e. the Hungarian supreme court) published a summarizing opinion on the judicial practice of the possession protection cases initiated before Hungarian notaries. Under the provisions of the Civil Code, the owner shall refrain from any conduct that would unnecessarily disturb others, especially his neighbours, or that would jeopardize the exercise of their rights. The possessor is entitled to request the termination of the disturbance from the notary public within one year.
As a result of the increasing number of the constructions, there are more legal disputes between the investor owners and the neighbours relating to the disturbing effects of the construction works performed on a property. The reason of preparing such summary was that possession protection procedures are based mainly on the infringement of the neighbourhood rights, however, the criteria on the basis of which the fact of the unnecessary disturbance would have been determined in each case were not appropriately detailed.
The summarizing opinion of the group of the Curia will expectedly result in the unification of the judicial practice in possession protection cases, and the expected conduct against the owners could be more predictable.
By Gabriella Galik, Partner, KCG Partners Law Firm