As of: March 1, 2024, 7:08 p.m
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The Walter family's single-family home in Rangsdorf (Teltow-Fläming district).
© Soeren Stache/dpa
A family from Rangsdorf is in danger of losing the house they built themselves due to an error by the authorities.
She goes to the Federal Court of Justice in Karlsruhe.
The costs should be covered.
Potsdam/Karlsruhe - The family from Rangsdorf, south of Berlin, who are in danger of losing the single-family home they built themselves due to an administrative error, are pinning their hopes on the Federal Court of Justice (BGH) in Karlsruhe.
According to a report in the “Märkische Allgemeine Zeitung” at the weekend, the family's lawyer has applied for permission to appeal against a ruling by the Brandenburg Higher Regional Court (OLG) from June 2023 because it contains legal errors.
A BGH spokesman confirmed on Monday that the complaint against the non-admission of the appeal had been received (ref.: V ZR 153/23).
Justice Minister Susanne Hoffmann (CDU) told the German Press Agency that the family's case documents in a particularly tragic way the possible divergence between law and justice in jurisprudence.
“The relevant legal questions have been controversially discussed in the legal world for years.
Against this background, we agree with the W. family to make full use of the civil legal process.”
This gives the Federal Court of Justice, as the highest authority, the opportunity to once again deal with the legal questions in a case that is exceptionally stressful for those affected.
“Consequently, we explained to the family that we would cover the costs of the court proceedings and legal representation.”
The family acquired the building plot in Rangsdorf (Teltow-Fläming district) at a foreclosure auction in 2010 and built their house on it.
In 2014, however, the Potsdam regional court ruled that the compulsory auction was incorrect because the Luckenwalde district court did not sufficiently search for the owner, who then reclaimed his almost 1,000 square meter property.
At the end of June 2023, the Brandenburg Higher Regional Court decided that the family had to demolish the house and vacate the property within a year.
In addition, the family should delete a mortgage of 280,000 euros plus interest for the construction costs and pay the owner 6,000 euros for the use of the property.
This means that in around four months the family should have demolished their house and moved away.
The Higher Regional Court did not allow an appeal.
Now the family hopes to get another chance through a different assessment at Germany's highest civil court.
dpa