Schwengelrecht

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The Schwengelrecht , even users Real , is an old neighbor law . The term Schwengel refers to a crossbar with which the harness of a draft animal, e.g. B. is attached to a plow .

Schwengelrecht is intended to enable a farmer to cultivate his field right up to the property boundary. For this purpose he may use agricultural equipment to partially cross this limit, e.g. B. with a wheel of his device or earlier with a draft animal, exceed. So that the right is not thwarted, the farmer can also demand that enclosures adhere to a certain boundary distance. For those whose property is affected by the Schwengelrecht, there is no violation of property within the meaning of § 1004 BGB . It is only a matter of a content restriction that cannot be defended.

Insofar as the right of swing existed in state laws before the BGB came into force, it continues to exist in accordance with Art. 124 EGBGB . In modern law, the Schwengelrecht can still be found partly in the neighboring laws of some federal states.

  • Baden-Württemberg
Section 10 (2) NRG - outside wall or slope foot with 0.50 m border distance to agricultural land
Section 11 (1) NRG - Enclosures of properties with a 0.50 m border distance to agricultural properties (extends accordingly from 1.50 m enclosure height)
  • Hesse
Section 16 (1) Hess. NachbG - Enclosures of properties with 0.50 m boundary distance in the outer area
  • Lower Saxony
Section 31 (1) NNachbG - fencing of properties with a 0.60 m border distance in the outer area to agricultural properties
  • North Rhine-Westphalia
Section 36 (2) NachbG NRW - Enclosures of properties with a 0.50 m boundary in the outer area
  • Saxony
Section 7 (1) of the SächsNRG - fencing of properties with a 0.60 m border distance in the outer area to agricultural properties
  • Saxony-Anhalt
Section 24 (2) NbG - Enclosures of land with a 0.50 m boundary in the outer area to agricultural land
  • Rhineland-Palatinate
Section 42 (1) LNRG - fencing of properties with a 0.50 m boundary in the outer area to agricultural properties
  • Saarland
Section 46 (1) SaarNRG - fencing of properties with 0.88 m boundary distance in the outer area to agricultural properties
  • Thuringia
Section 42 (1) of the ThürNRG - fencing of properties with a 0.50 m boundary in the outer area to agricultural properties