My neighbor’s cat is destroying my garden. Does my neighbor have to pay for the damage?

Quick Legal Advice:
Yes. If your neighbor’s cat demonstrably causes damage, you can seek compensation from its owner. The Civil Code establishes relatively strict liability for damage caused by an animal: the owner is liable for damage caused by the animal regardless of whether it was under the owner’s supervision at the time, had been entrusted to someone else, or had wandered off or run away. For a typical cat kept as a pet, your neighbor generally cannot avoid liability simply by claiming that it is impossible to keep a constant watch on the cat.

However, you must be able to prove that the damage occurred, the extent of the damage, and that it was caused specifically by your neighbor’s cat. In practice, it is therefore helpful to have photographs of the damaged flower beds or seedlings, surveillance footage, or other evidence. Furthermore, the Civil Code expressly stipulates that if an animal causes damage on another person’s property, the property owner is entitled to compensation.

In addition to seeking compensation for damage already incurred, you can also address the cat’s repeated trespassing. Section 1013 of the Civil Code explicitly classifies animal trespassing as a neighborly nuisance. A single instance of a cat passing through your garden will generally not be sufficient. However, if a cat repeatedly trespasses onto your property to an extent disproportionate to local conditions and thereby substantially restricts your normal use of the garden—for example, by consistently destroying flower beds—you may demand that your neighbor prevent such disturbance. At the same time, the law provides you with general protection against unauthorized interference with your property rights.

Your neighbor’s argument that you should better secure your garden does not, therefore, in and of itself exclude their liability. Only if circumstances on your part significantly contributed to the occurrence or increase of the damage may compensation be appropriately reduced, depending on the specific situation. Therefore, first notify your neighbor in writing of the repeated damage, ask him to remedy the situation, and continue to document the damage as it occurs. If the cat continues to cause damage to your garden on a regular basis, in addition to compensation for the specific damage, you may also demand that your neighbor prevent further infringements on your property rights.