Dispute over Kirchweg: Community demands public law, homeowners defend themselves!

Dispute over Kirchweg: Community demands public law, homeowners defend themselves!

In Schwenningen, a dispute over the route to the church is causing a stir. The municipality has decided to declare this private path public, which is met with vehement rejection by the owners, Jürgen Klemm and Claudia Hogenhuis. [Schwäbische] reports that the Kirchweg is listed as a private route in the Baden-Württemberg geoportal and is marked by a no-entry sign for non-residents.

Klemm and Hogenhuis, who bought a house at Hauptstrasse 43 six years ago, have lived without problems for five years. But when a construction project began on a neighboring property, they became concerned about possible damage from the construction equipment. Her lawyer explained to her that the owners of the affected area were liable. They then banned the developer from using their property. But the community sensed the opportunity and declared that the path was a public one, based on a legal concept from Roman law.

Legal dispute based on Roman law

The principle of “immemorial limitation” cited by the municipality refers to the assumption that a right applies when it has been exercised continuously over a very long period of time. This is an anticarium from Roman law, which has historically played a central role in European legal systems. [Wikipedia] highlights that many modern legal systems are based on the principles of Roman law, which in this case is bizarre: The community is using a time-honored legal basis, as the Corpus iuris civilis or the Law of the Twelve Tables did at the time, to gain an advantage.

Klemm and Hogenhuis perceive the community's argument as abuse and fear expropriation without appropriate compensation. They cite several pieces of evidence, including a registered right of way from the 1970s and a purchase offer from the municipality from 1998, which proves that the church path is private. In their distress, they filed a lawsuit against the community.

A court date leads to an unexpected outcome

The first court hearing did not result in an agreement, and at the second hearing, witnesses who were 89 and 92 years old spoke and were able to give statements about the use of the church path before 1964. In a surprising decision, the court determined that the church path was a private path and not a public one. But the fight is not over yet. The verdict is not yet final; there is a calling in the room.

Mayor Ewald Hoffmann expressed caution and stated that the municipality would wait for the verdict before taking further steps. So it turns out that the history of the Kirchweg will probably take a few more twists and turns. Meanwhile, it remains to be seen how the dispute between the community and the owners will develop.