Patronage

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The farmsteads are associations of people comparable to cooperatives , which today predominantly own forest land according to ideal proportions.

The void; Scaffolding for drying the peeled oak bark when tanning

Emergence

Homesteads are a specialty of the old Trier region. They can only be found in the Trier district in Rhineland-Palatinate south of the Moselle and in the neighboring Saarland . The management takes place today mostly with the participation of the state forest administrations. The history of the homesteads has not yet been clearly clarified. According to the prevailing opinion, the homesteads were never community forests , cooperatives or commons , but have their legal and historical origins in private law . Rhineland-Palatinate and Saarland have taken this aspect into account in their respective state forest laws and explicitly regulated that the farmyard forest is not a corporate forest and is therefore to be regarded as a private forest .

Legal classification

Rhineland-Palatinate : Although the legal nature of the homesteads in Rhineland-Palatinate has been controversial to this day and has often been the subject of detailed discussions in the literature in the past, the prevailing legal opinion today assumes that it is the case with the Rhineland-Palatinate homesteads are institutions of a private law nature. Their legal nature as an unincorporated association of persons with joint property as well as the fact that changes of ownership have often not been entered in the land register for generations mean that the farmhouses can practically no longer participate properly in legal life today.

Saarland : In contrast, the legal nature of the homesteads in Saarland is legally clarified. Shortly before joining the Federal Republic of Germany, Saarland gave the municipalities their own legal capacity in their area of ​​responsibility. This was regulated in Act No. 537 relating to forest farms and similar forest communities in undivided community for the whole hand of November 20, 1956 (Gehöferschaftsgesetz) with the following provisions: § 3 Legal capacity - The forest communities can acquire rights and enter into obligations under their name, property and acquire, transfer and give up other real rights to movable and immovable property, sue and be sued in court. § 9 Powers of the Board of Directors - (1) The Board of Directors represents the forest community to the co-owners and third parties in and out of court.

Internal organization and tasks of a homestead

The homesteads usually have an internal form of organization, i. In other words, they have a three-person board and a general meeting. The board of directors and the general assembly are to be seen as the organs of the farmyard.

Although the Board of Rhineland-Palatinate Gehöferschaften with a limited of representation power of attorney for the external relationship is, and is not there a legal capacity of Gehöferschaft as aforesaid, the business connections of Gehöferschaften become of these "emergency" out "accepted".

Homesteads maintain their own bank accounts, are members of the district forest construction association, the agricultural trade association, are listed as tax debtors for property tax and conclude contracts on hunting leases, wood sales and road construction measures or forest work. In this context, homesteads without their own legal capacity are also accepted for reasons of expediency and in the interest of the general public in legal transactions. The safeguarding of court ownership can only be guaranteed in the long term if the creation of a new legal regulation that applies to all corporations gives them an independent legal position based on the example of the Saarland.

history

Judging by older maps, almost the entire land around the place was previously administered and shared by the community. Only smaller areas were privately owned, mostly moist meadow valleys, which ensured a harvest yield even in dry years. Every year three tubs , i.e. field sections, were divided up for private use. There were three types of use: Ginsterhau, Unterhau and Lohhecke. Today there is mostly only a needs-based use of firewood. After the deforestation, the gorse grew particularly well in most of the hedges. It was used for various purposes. The thicker stems were reduced to kindling, the thinner branches used as litter for the cattle. Straw was scarce because some of it was also fed.

The so-called Unterhau was the outflow of the approximately 10-year-old population. Those hedges were scoured that in the years to Lohegewinnung queuing. The need for wood for the domestic oven and for firing the cattle feed kettle was obtained.

The oak tan was obtained during the first or second flow of sap. The young oak trunks were "crowned" below the first branches with a hatchet, i. that is, the bark was cut in a ring around the trunk. The bark was cut lengthways with the Loheisen (wear). The bark was then peeled off the trunk with the spoon-like end of the tan. Care had to be taken to preserve the bark as a whole. The peeled bark was then stored on a drying frame (the empty) made of tan rods. Only when the tan was dry to break after several weeks of storage was it bundled and brought to one of the many tanneries of the time in the cow cart.

The division of the respective forest area was always a job that was taken very seriously and very precisely. Each homestead member or his representative had to appear on the set date. The basic equipment was a cutting ax (Krumm) and a pocket knife. This is where the so-called “rosary” was used. Everyone involved in the homestead had a wooden bead in this rosary, on which his house brand was notched. Then the individual beads were removed from the string and thrown into a hat. After intensive mixing, someone took the balls one by one out of the hat and they were lined up again on the string in the order drawn. In this order the land was allocated. The allotted piece of land had to be divided into several stages (gemease) depending on its length, since one could not see through the undergrowth to its end. Because of the different widths of the individual measuring sections, a separate measuring rod (the rod) had to be made for each measurement. The board took the measurement. The participant had to mark the border on one side of the allocated property with a post bearing his house sign (individual deviations from individual homesteads are possible. The information relates primarily to the Schoden homestead ).

Rosary of the Schoden community

literature

  • Heinrich Herrmann: Die Gehöferschaften in the district of Trier , in: Rechtshistorische Reihe, Volume 73, ISBN 3-631-42183-4
  • Diether Köppe: The farms in Rhineland-Palatinate. A forest policy investigation with special consideration of forest law, business management and forest history aspects. Ed .: Institute for Forest Policy and Regional Planning at the University of Freiburg i.Br. Freiburg, ZHF eV, 1978.

See also

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