Common division
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
- Text of the Introductory Act to the Civil Code
- Act on common division and real burden relief (Common division law - GtG) (State of North Rhine-Westphalia)
- Law on joint matters established by dispute proceedings (State of North Rhine-Westphalia)
- Text of the Land Consolidation Act
- Act for the implementation of the Federal Land Consolidation Act in the version of March 16, 1976 (Federal Law Gazette, p. 546) and for the adaptation of provisions of state cultural law and the law of water and land associations to the provisions of land consolidation law (Implementation Act for Land Consolidation Act) (Land Nordrhein -Westphalia)
- Law on exemption from fees and charges in land consolidation and settlement procedures as well as in allotment gardens (State of North Rhine-Westphalia)
- Law on Community Forests in the State of North Rhine-Westphalia - Community Forest Act - (State of North Rhine-Westphalia)
- Württ. Law on the exercise and replacement of grazing rights on agricultural land; as well as the replacement of forest pasture, forest grass and forest litter rights (State of Baden-Württemberg)
- Law for the adjustment of forest and agricultural law regulations (Reallastlastgesetz) (State of Lower Saxony)
- Realverbandsgesetz (State of Lower Saxony)
- Law on community logging (for the administrative districts, Koblenz, Trier and Montabaur) (State of Rhineland-Palatinate)
Materials and sources
- Map of the amalgamations and common divisions carried out in the business district of the Royal General Commission Münster in the province of Westphalia (Internet portal "Westphalian History")
- Common division. In: Meyers Großes Konversations-Lexikon. Volume 7, Leipzig 1907, pp. 535-536.
- Corridor regulation. In: Meyers Großes Konversations-Lexikon. Volume 6, Leipzig 1906, pp. 728-730.
- Karl H. Schneider: Agricultural reforms from a regional perspective. (PDF; 128 kB), published in the history workshop of the history seminar at Leibniz University Hannover 2007
- Karl H. Schneider, Peasant Liberation and Agrarian Reforms (PDF; 94 kB). An introduction. Hanover 2007.
- Friedrich Lütge : Peasants Liberation in Prussia. In: Otto Büsch, Wolfgang Neugebauer: Modern Prussian History, 1648–1947. Walter de Gruyter, 1981, ISBN 3-11-008324-8 , p. 416 ff.
- Main State Archive Dresden - 0737 - General Commission for Replacements and Common Divisions - Date: 1833–1948
- Types of land regulation procedures (Ministry for the Environment and Nature Conservation, Agriculture and Consumer Protection of the State of North Rhine-Westphalia) ( Memento from March 16, 2013 in the Internet Archive )
- Federal and state working group for rural development
- Rüdiger Zachert: Boundary adjustment - an alternative land management procedure? In: AVN. 3/200, pp. 85-90.
- Search results on vulgarity in the archives in North Rhine-Westphalia
- Cultural landscape specialist contribution to state planning in North Rhine-Westphalia, Chapter 5: The genesis of cultural landscape in North Rhine-Westphalia ; Publisher: Regional Association Westphalia-Lippe, Regional Association Rhineland
- Erich Weiß , Jürgen Gante (Editing / Editing): Landeskulturgesetze in Deutschland - A collection of historical laws for common division, amalgamation and apportionment as well as for real burdens . Verlag Kovač, Hamburg 2005, ISBN 3-8300-1654-9 .
Individual evidence
- ↑ Common division. In: Meyers Großes Konversations-Lexikon. Volume 7, Leipzig 1907, pp. 535-536.
- ^ Meyer's Large Conversational Lexicon. Volume 7, Leipzig 1907, pp. 535-536. Common division
- ↑ Act on common division and real burden relief (Common division law - GtG)
- ↑ Implementation Act for Land Consolidation Act (AusfGFlurbG)
- ↑ Law on Community Forests in the State of North Rhine-Westphalia - Community Forest Act -
- ↑ Law on Community Matters Established by Dispute Proceedings
- ↑ Real Association Act