THE problem of the grumpy neighbor who refuses to return a wayward ball over a fence will be a thing of the past in Belgium.

From Sept. 1, anyone who accidentally kicks or throws their ball into a neighbor’s garden will have the legal right to retrieve it – if they are willing to brave the frowns and disapproval. The same will apply for pet owners who want to rescue animals who have gone astray.

Prof. Vincent Sagaert, who helped write the new property law, said the move was necessary to bring clarity to a complicated legal situation in the country.

“Until Sept. 1, the neighbor has to return the ball. [But] they can deny you access to their garden to do that,” Sagaert said. “From Sept. 1, you have the right to go and get your ball or pet, provided it ended up there by accident. Just kicking the ball over the hedge to look around is not allowed. Of course, you must use your common sense.

“You have to ring the bell of the neighbor and ask first, but if they refuse or are not at home, you can still enter the garden to quickly get it back,” he added. “But only to look for your ball or animal, not to take other things, because that is still just called theft.”

Under a further change to the law, people will have the right to walk on private land, providing it is not fenced off, cultivated or tilled.

It will also be a legal right to access a neighbor’s garden to set up a ladder when trimming a hedge or cleaning a gutter. “That right will now be extended to construction work,” said Sagaert. “It is also a temporary right, and the neighbors can also ask for compensation for the nuisance.”

Sagaert said he did not believe the law would affect the right to privacy. “Of course third parties cannot use people’s property,” he said. “We are talking about situations where a ball really has ended up in the neighbor’s garden by accident.”

(SD-Agencies)