Right of half the yard

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The right of half of the Hofstatt relates to the common use of a building wall on or on the border.

Through the “right of half the farmstead”, the full structural use of the land should be achieved up to the limit. The thick (expensive) fire walls ( central walls, dividing walls ) that are usually prescribed in tightly built-up areas therefore only have to be built once.

Roman legal foundations

The right to be allowed to insert a beam into the wall of the neighbor ( servitus tigni immittendi ) or to support one's own building on the neighbour's structural facilities ( servitus oneris ferendi ) already existed in Roman law . In Roman law, it was a matter of easements (servitutes), which, in addition to the usual obligation of the person charged to tolerate the actions of the person entitled and to refrain from contravention, also contained the positive (subordinate) obligation to put the retaining wall (partition wall) in favor of the person entitled To keep neighbors tidy.

Current law

The right of half the court is z. B. Art. 101 Introductory Act to the Swiss Civil Code (EGzZGB, St. Gallen) in conjunction with Art. 670 ZGB . According to this provision, the person who first erected a structure (first erector), e.g. B. set the partition wall (fire wall) directly on the property line. The neighbor has no claim to compensation for this half use of his property. However, if he erects a building himself, he is entitled to use this partition wall as a retaining wall for his buildings. He has to reimburse the first judge for half of the costs for the partition wall. The neighbors get on the vagina wall joint ownership in equal parts.

Before the partition wall is used by the second neighbor to build, the first judge has sole ownership of it , although the partition wall is on the property boundary and partially protrudes into the neighboring property. This partially breaks the accession principle .

Individual evidence

  1. ↑ Hofstatt . In: German Academy of Sciences of the GDR, Prussian Academy of Sciences (Hrsg.): German legal dictionary . tape 5 , booklet 9 (edited by Otto Gönnenwein , Wilhelm Weizsäcker , with the assistance of Hans Blesken). Hermann Böhlaus successor, Weimar ( adw.uni-heidelberg.de - publication date between 1952 and 1960). According to this, the historical term is a "reason for (to be built or existing) buildings without them", "courtyard", "homestead at all, where someone lives" etc. The meaning "courtyard" is not clear.
  2. ↑ Right to half the yard when walled: “... whether yemantz are good on the field or in the city with mudslides, the other part, if located next to ime, should give half the yard, as well as the unzhar in the Stetten and it was habit "[" ... if someone wants to surround his property in the field or in the city with walls, the nearby neighbor should give him half the farmstead (half the land) than is customary and custom in the cities. " Dep. SwitzerlandR. 58, 13] 1741 BaselRQ. I 2 p. 968 (no. 519 II, 1). Link: http://www.rzuser.uni-heidelberg.de/~cd2/drw/F8/baselrq2/g0968-0969.htm
  3. ↑ Servitus in faciendo consistere nequit ( Servitude cannot consist in doing something .)
  4. ^ The private law base load or real load was not known to Roman law until after Justinian .
  5. ↑ According to this principle, everything that, according to the usual public opinion, is permanently the main thing and cannot be separated without the destruction, damage or change, is usually part of the property on which it is located and does not have special legal status (these are e.g. Buildings, springs, rooted plants, fruits before separation - Superficies solo cedit )