Spatenrecht
The spade law is a term from the dike right .
If an owner of a plot of land subject to the dyke load did not fulfill his obligations, a spade was stuck into the dyke according to the (Low German) sentence: "Keen nich will dieken, de mutt wieken" (Who does not want to dike , must give way.) so that the property was withdrawn from the owner and declared ownerless.
Or to put it another way: If the owner of a property subject to the dyke load could no longer fulfill his duties to maintain the dike, he could give up his property according to the same principle and declare it ownerless. He also did this by sticking a spade in the dike.
Anyone who pulled out the spade acquired the property, but also the associated burdens.
See also Spadeland Law .
literature
- Spatenrecht . In: Heinrich August Pierer , Julius Löbe (Hrsg.): Universal Lexicon of the Present and the Past . 4th edition. tape 16 . Altenburg 1863, p. 507 ( zeno.org ).
Web links
- Judith Schmiedel: The Bracks in Hamburg . Chapter 3.6: Dyke law ( memento of August 25, 2007 in the Internet Archive ).