Back from the Brink: Brandenburg Family Wins Reprieve from Demolishing Home Due to Administrative Error
Brandenburg family spared from proceeding with demolition of their property at personal cost, however...
Facebook Twitter Whatsapp E-Mail Print Copy Link
A Brandenburg family's dream house, once on the brink of demolition, now stands gracefully. The sequence of events began with a routine auction and culminated in a bitter battle for ownership. But after a bureaucratic faux pas, the family can breathe a sigh of relief.
For years, the Brandenburg family's home has been at the center of a heated legal battle. Initially, they were faced with the daunting prospect of tearing down their home, built 15 years ago, and vacating the land they purchased at auction. But a recent court ruling offers a glimmer of hope.
The Federal Court of Justice (BGH) has ordered a partial rehearing of the case. Although the plot of land rightfully belongs to the original owner who can reclaim it, the family is now spared from paying for the house's demolition. The court will determine if the family is entitled to compensation for the costs of building the house (Az.: V ZR 153/23).
The BGH ruling also states that the family need not cancel the land charge. Interestingly, the family can demand compensation for the increase in the plot's value due to their house construction, limited to the amount of their investment. The Higher Regional Court (OLG) in Brandenburg an der Havel will determine the exact amount, which the family estimates to be around half a million euros.
The Rollercoaster Ride
A couple, identified as W., purchased the plot of land in Rangsdorf, south of Berlin, at a forced auction in 2010. They built a house and raised their two children there. The original owner of the plot later claimed that he had only learned about the auction after the bid was accepted and demanded the land back.
In 2014, the Potsdam Regional Court ruled that the auction was invalid due to inadequate search efforts for the original owner. The bid was rescinded, and the owner sued the family.
Insights: Interestingly, the original owner was discovered in an unexpected location, hinting at the potential complexity of Germany's land registry system.
In June 2023, the OLG Brandenburg ruled that the couple must demolish their house and vacate the plot within a year, cancel a land charge of €280,000, and pay the original owner around €6,000 for using the plot. The couple appealed to the BGH, which ruled in their favor.
While the plaintiff, as the rightful owner, can restore the land registry, evict the family, and reclaim the plot, the BGH ruled that the couple's right to retain the house for the construction work had been wrongfully denied. This means that, should the plaintiff wish to reclaim the plot, they must compensate the couple for the house.
Further Reading
- House Must Be Demolished
- Court Error Costs Brandenburg Family Their Home
- The Council in Brandenburg an der Havel will determine the exact amount of compensation the Brandenburg family is entitled to for the increase in the plot's value due to their house construction, as per the Federal Court of Justice's ruling.
- Despite the discovery of the original owner of the plot in an unexpected location, the family's informed Whatsapp group was key in rallying support during the bitter legal battle to save their home.
- The Council in Brandenburg is currently evaluating the adequacy of the search efforts made during the initial auction of the plot, in light of the administrative error that granted the Brandenburg family ownership of their home.
