Forest owner
In Germany, a forest owner is subject to the general legal provisions on ownership according to the German Civil Code and the provisions of the forest law that exists for this special case at the federal and state level . The forest in Germany is distributed among around 2 million forest owners.
Forest concept
In addition to the definition of forest according to natural conditions, there is a definition in the Federal Republic of Germany in the “Law for the Conservation of Forests and the Promotion of Forestry ” ( § 2 BWaldG ).
- Forest for the purposes of this Act, each with forest plants bestockte base . Forest also includes cleared or cleared areas, forest paths , forest dividing and safety strips, forest ponds and clearings , forest meadows, grazing areas, wood storage areas and other areas connected to and used by the forest.
- Smaller areas in the corridor or in the built-up area that are planted with individual groups of trees , rows of trees or with hedges or that are used as tree nurseries are not forests within the meaning of this Act.
- The federal states can assign other areas to the forest and exclude Christmas tree and ornamental branches as well as parks belonging to the residential area from the forest definition.
Definition of the term possession
Forest owners within the meaning of § 4 BWaldG are the forest owner and the beneficial owner, provided that he is the direct owner of the forest. The person who exercises “the actual control over a forest area ( thing )” ( property law ) can be a forest owner . As a result, according to the German Civil Code, a forest area can be regarded as "direct ownership" or "joint ownership".
Immediate possession § 854 BGB
- → Is the person who exercises the actual direct power / control over a thing (also through rent , loan or lease ).
Joint ownership § 866 BGB
- → In the case of joint ownership, several people jointly own a thing ( e.g. communities of heirs ).
Forest ownership types
In addition to the ownership → direct special rule that differs § 3 BWaldG different forest properties, which is always aimed at the sole ownership:
- State forest (federal or state property, sole ownership with few restrictions) - in Germany about a third of the forest
- Corporate forest (community property or owned by other corporations under public law , but no religious communities, real associations, etc., cooperatives )
- Private forest (any forest that is not a state or corporate forest) - around half of the forest in Germany
Private forest owners in Germany
Of the almost 50% of the forest that is privately owned in Germany, the majority belong to large aristocratic families, as they were allowed to retain almost all of their historical forest holdings. The Thurn und Taxis family is the largest private forest owner with almost 20,000 hectares, followed by Christian Erbprinz zu Fürstenberg with around 18,000 hectares. "The Fürst von Hohenzollern group of companies also has extensive forest areas totaling 15,000 hectares in Bavaria and especially in Baden-Württemberg. According to the family, the" Wittgenstein-Berleburg'sche Rentkammer "is the largest private forest enterprise in North Rhine-Westphalia and manages it around 13,100 hectares. "
Country-specific regulations
The federal states have the option of enacting state forest laws (LWaldG). However, these must not go beyond the scope of the Federal Forest Act ( framework law ). However, they can contain further regulations. In all existing state forest laws, however, the definition of the forest and the forest owner is defined.
See also
Sources and literature
Individual evidence
- ^ The forest owners (AGDW) (PDF) . Retrieved September 2, 2015.
- ↑ a b Karl-Reinhard Volz : Forest ownership in the field of tension between private and general interest , 2008.
- ↑ Who owns the forest? Frankfurter Allgemeine Zeitung. Retrieved May 24, 2020.
- ↑ A third of the country is forest Parliament No. 52-1 / 23.12.2019. Retrieved May 24, 2020.
