Common division

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Meanness division (also common division or separation ) means the total or partial lifting of communal use rights to an agricultural or forestry land through distribution among the individual beneficial owner ( real division ) and replacement of easements ( forest settlement ) in the 19th century. The general division was the common division between different communities, and the special division was the common division within a single community.

History of origin

At the beginning of the 19th century, Germany still had a wide range of general property and rights to use agricultural land. The common ownership and the different usage rights were rooted in the feudal system and made more intensive management difficult. With privatization, productivity increases were achieved, which triggered corresponding partitioning measures in the German states towards the end of the 18th century.

Affected by the meanness dividing land in communal ownership, according to ancient custom for pasture or Hutung , the forest mast , wood - scattered - Reed - rushes - or pipe recovery , the grass clippings , sods - Heide - or Bültenhieb and the use of peat in common be used.

The rights of use include rights of use for pasture or guarding, for forest mast, wood, litter, reeds, rushes or cane extraction, for cutting grass, cutting plagues, heather or bushes, for using peat, for picking the grass and weeds in cultivated fields (for Krauten) Nachrechen on harvested fields or stubble Harken , foreign to use fields against Hergabe of fertilizer , for fruit gain foreign pieces of individual fields ( Deputatbeete ) for resin scraping .

In the 18th and 19th centuries, the obligations ( feudal levy ) of the peasants towards the landlords were gradually dissolved through different laws on redemptions and common divisions (cf. Peasant Liberation , Prussian Reforms and Prussian Agrarian Constitution ).

Current legal situation

In the 20th century, the common division is a form of land regulation according to state law , which is based on the land consolidation procedure .

Federal Republic of Germany

The common division has hardly any meaning today, since the corresponding measures have been completed. Land consolidation , reallocation procedures and voluntary land swaps have replaced this form of land management . Nevertheless, corresponding state laws still apply in some federal states . According to Article 113 of the Introductory Act to the Civil Code remain the national legal provisions on the pooling of land , about the meanness division, regulation of the way , the order of gutsherrlich - farming conditions and on the detachment , transformation or limitation of easements and land charges unaffected. This also applies in particular to provisions which deal with joint matters established by a procedure of this kind or which relate to the acquisition of property , the establishment, amendment and cancellation of other rights to land and the correction of the land register .

North Rhine-Westphalia

Basic data
Title: Law on common division and transfer of real burdens
Short title: Common division law
Abbreviation: GtG
Type: State Law
Scope: North Rhine-Westphalia
Legal matter: Special administrative law , agricultural law
References : SGV. NRW. 7815
Issued on: November 28, 1961
( GV.NW.p. 319)
Entry into force on: January 1, 1962
Last change by: Art. 2 No. 54 G of January 26, 2010
(GV. NRW, pp. 30, 49)
Effective date of the
last change: 		January 1, 2011
(Art. 4 G of January 26, 2010)
Please note the note on the applicable legal version.

In the state of North Rhine-Westphalia , the common division is regulated in particular by the common division law (GtG) . Further regulations are set out in the Implementation Act for the Land Consolidation Act (AusfGFlurbG) . Since January 1, 2007, the district governments have been responsible as land consolidation authorities (disputes authority) for carrying out the common divisions (dispute proceedings). Before that, these procedures fell within the remit of the responsible Office for Agricultural Regulation. The higher dispute authority within the meaning of § 3 GtG is the ministry responsible for agriculture , currently the MKULNV NRW . There, an arbitration board decides on contradictions in the procedure (Section 14 (2) GtG).

The dispute procedure is only initiated upon request . Applications are to be sent to the dispute authority. Every co-owner is entitled to apply for the division of land . Participants in the procedure are the co-owners of the plots of land to be divided and, in the case of easement redemption, the easements and the owners of the encumbered plots. The participants do not form a community of participants according to Section 16 of the Land Consolidation Act . The special provisions of § 8 GtG apply.

The process is completed by a dispute plan or recess .

Severance payments can be made in the country , provided that the land is not uneconomically reduced or divided, or in cash . According to § 19 sentence 3 GtG, compensation in forest properties may only be allocated to the beneficiaries as property for everyone. The legal relationships of these legal communities are regulated by the Community Forests Act.

Paths , bodies of water and other facilities that are intended for communal use according to the stipulations in the recess of a dispute procedure or serve another community interest, are subject to the law on community matters established by dispute proceedings .

Other federal states

Corresponding state law regulations also apply in other federal states , for example the Realverbandsgesetz in Lower Saxony .

Web links

Legal texts

Materials and sources

Individual evidence

  1. ↑ Common division. In: Meyers Großes Konversations-Lexikon. Volume 7, Leipzig 1907, pp. 535-536.
  2. ^ Meyer's Large Conversational Lexicon. Volume 7, Leipzig 1907, pp. 535-536. Common division
  3. ↑ Act on common division and real burden relief (Common division law - GtG)
  4. ↑ Implementation Act for Land Consolidation Act (AusfGFlurbG)
  5. ↑ Law on Community Forests in the State of North Rhine-Westphalia - Community Forest Act -
  6. ↑ Law on Community Matters Established by Dispute Proceedings
  7. ↑ Real Association Act