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
