Several allotment gardeners in Hanover have to vacate their houses even though they lived there and some of the buildings are 100 square meters in size.
The Hanover District Court decided on Friday, said a spokesman.
The city had acquired the entire area from a parish and let it continue to be used as an allotment garden area until 2019.
Now is to be built there.
Hanover - The allotment gardeners received a notice from the allotment garden association.
Those affected oppose the evacuation and surrender of the land, and the city then sued.
The specialty are houses in the three allotment gardens with at least 100 square meters of usable space.
These houses have been around since the post-war period, at least one since 1945. The allotment gardeners claim to have lived in the houses and invested a lot of money in the buildings.
They are of the opinion that the city tolerated residential use.
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It is true that the defendants invested a considerable amount of money in the houses on their leased allotment garden plots, but the judgment of the Federal Court of Justice did not allow them to use the houses indefinitely, according to the ruling.
The right of the city to own the property is to be legally protected more strongly than the trust that allotment gardeners have in the continued possibility of using the houses on the urban property.
The district court announced that the protection of property ownership is particularly strong in the legal system.
(Az: 548 C 2891/21) dpa