Yard (yard rules)
A farm within the meaning of the Höfeordnung (HöfeO) is an agricultural operation in the countries of the former British zone of occupation, namely in Hamburg , Lower Saxony , North Rhine-Westphalia or Schleswig-Holstein , to which the farm regulations apply. The courts order is a State legal Anerbenrecht , which applies only to these four states.
Economic value
The farm must either
- have an economic value according to § 46 BewG of at least 10,000 euros and the court entry in the land register must not be deleted,
- or the economic value is between 5,000 and 10,000 euros and the owner has applied for the entry of the court note in the land register (if the economic value is below 5,000 euros, the property is lost by law).
Ownership
According to § 1 Paragraph 1 HöfeO
- are wholly owned by a natural person or
- are jointly owned by the spouses as a marriage court or
- belong to the common property of a continued community of property ,
otherwise it is not a court in the sense of the court order.
Hoferbe
According to § 4 HöfeO, the farm only belongs to one of the heirs, the farm heir. In relation to the co-heirs, the court is replaced by a lower court value ( § 2 , § 3 , § 12 HöfeO).
literature
- Groll / Ruby: Practical Guide to Inheritance Law . Chapter: Hofer succession