Right to erect

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The right of erection ( Ostfriesisches Platt : Upstreekrecht ) arose in the Middle Ages in the course of the internal colonization of East Frisia . It includes the "right of the landowner in the moor to advance to another property".


Up until the early Middle Ages, the inner East Frisia was largely uninhabited. There was a larger settlement from 1100 onwards. On the one hand, the dyke construction in the region was finished, on the other hand the Julian flood of 1164 pushed many people from the coast into the interior. In addition, there was the growing population in the high Middle Ages, which in East Friesland led to the development of such poor or empty areas through land development, internal colonization. With the colonists the right to erect then developed on the edge of the moorland . As a rule, extension corridors were driven into the moor from a row-shaped settlement on the Geestrand. A settler could work, use and dig the moor across the width of his property until he came across another farmer's parcel, a path, a body of water or a similar boundary. After the peat was extracted, the settlers used the land obtained in this way for agriculture.

In the years that followed, upstairs settlements emerged with their striped meadows that can still be seen today , often extending many kilometers into the moor. They are characterized by the lack of a manorial control of the settlement process and were created by the first settlers in joint work, which is still expressed today in the name component -bur (= peasantry) of many places that were created as Aufstrecksiedlungen.

After the last native prince died out, East Frisia fell to Prussia in 1744 . From a tax point of view, East Frisia remained a foreign body in the Prussian state in the first Prussian period and paid a sum of 24,000 thalers in taxes to the Prussian state, which had to look for other sources of income. Above all, the right to stand up was an obstacle to the king. King Frederick II. Issued 1765 Urbarmachungsedikt , which replaced the supervisor trek right that here as unerfindliches so-called supervisor trek law is called.

The edict declared land with unresolved ownership rights, especially the not yet reclaimed moorland, to the property of the state.

See also


  • Ekkehard Wassermann: Aufstrecksiedlungen in East Friesland. A contribution to medieval bog colonization . ISBN 3-925365-01-X
  • G. Müller: The right to erect and its aftermath up to the present. An investigation into the history of East Frisian moor law . Diss., Münster 1950
  • F. Diekmann: The right to shoot or erect in our moors . In: Home calendar for the Oldenburger Münsterland 1959 , pp. 99–100.

Individual evidence

  1. ^ Right to erect . In: Prussian Academy of Sciences (Hrsg.): German legal dictionary . tape 1 , issue 6 (edited by Eberhard von Künßberg ). Hermann Böhlaus successor, Weimar 1963, DNB  453942598 ( adw.uni-heidelberg.de - first edition: 1931, unchanged reprint).
  2. ^ Karl-Ernst Behre : Landscape history of Northern Germany . Wachholtz Verlag, Neumünster 2008, p. 217.
  3. Horst Haider Munske , Nils Århammar : Handbook of Frisian . Tübingen 2001, ISBN 3-484-73048-X , p. 155