As of: March 7, 2024, 4:09 p.m
By: Carmen Ick-Dietl
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The Mahlerhaus: The owner died in 2007 and bequeathed the building to the city for a daycare center.
© Michael Westermann
There is a complicated legal dispute over the Mahlerhaus in Berg am Laim.
The city inherited the building, but not the wall.
What will happen next is uncertain.
The Mahlerhaus in Berg am Laim is a difficult legacy for the city.
Now she was even in court because of it.
The accusation: The foreclosure on the house was not legal.
It's hard to tell: the side wall and toilet facilities of the house apparently belong to the neighbor.
The former owner put the line wrong when dividing it
“A legacy without a wall” – even the city’s lawyer was amazed.
In reality, the Mahlerhaus of course has a gable wall, but when the current properties at Baumkirchner Straße 1 and 3 were divided in the early 1960s, the former owner Luise Mahler-Lenz seems to have placed the division line on the documents in an unfortunate manner.
Not through, but next to a wall shared with the neighboring property - which meant that not only the subsequently added toilet wing of the Mahlerhaus, but also the house wall was assigned to the neighboring property.
It's just a detail of the rather complicated legal situation surrounding the old house from the second half of the 19th century.
The main issue is Mahler-Lenz's true will regarding the future use of the listed building at Baumkirchner Straße 1. In her will, the owner, who died in 2007, ordered that “a daycare center or kindergarten” be set up in her former parents' home.
And this was sent as a legacy to the city, into whose possession the house would pass ten years after death (we reported).
A winding building is not suitable for a daycare center
But the winding building with steep stairs, low ceilings and no sanitary facilities is not very suitable for a modern urban daycare center.
In addition, the “good room”, which was of particular importance to Mahler-Lenz, must also be preserved.
However, the city could imagine a different type of childcare, namely a small parent-child initiative.
However, in the opinion of Mahler-Lenz's adopted son and heir, such a private group does not fulfill the wishes of the will.
That's why he's been arguing about it for years.
In 2022, people felt they were well on the way to a solution.
Heritage and the city wanted to swap: the toilet block for an unused kiosk and the associated 100 square meter property on the corner of Baumkirchnerstrasse and Josephsburgstrasse.
In addition, the heir also demanded reimbursement for his previous expenses to maintain the Mahlerhaus, which had now been empty for over six years.
City council declared compromise failed
However, the estimated sum of 120,000 euros was too high for the city.
The city council officially declared the compromise to have failed in a closed meeting.
The city turned to the now third executor of the will - two notaries had since died - and promptly received a notice of compulsory execution for the Mahlerhaus, including the toilet block.
After all, you can't run the house without toilets.
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In doing so, the lawsuit alleges, the city has appropriated property that does not belong to it.
In addition, it was an immense breach of trust because the heir only found out about the events from the press.
The fronts were so hardened that he quickly expelled the city delegation from his property during an on-site visit at the end of 2022.
Amicable agreement cannot be reached
Nevertheless, his lawyer Nils Dreier emphasizes: “We would still do the deal.” The judge's question at the hearing before the Munich district court as to whether he would then also allow a parent-child initiative remained open.
In any case, no amicable agreement was reached at the appointment, especially since the lawyer appeared - despite being summoned - without a city representative.
The court now wants to announce its verdict in April.
The future of the Mahlerhaus remains uncertain.