Dispute over Kirchweg: Community demands publicity rights in advance

Dispute over Kirchweg: Community demands publicity rights in advance

Things are simmering in Schwenningen: a dispute over a private road is causing a lot of excitement in the community. Those responsible are planning to declare this as public - a step that is driving owners Jürgen Klemm and Claudia Hogenhuis to the barricades. According to Geoportal Baden-Württemberg, the Kirchweg, which partially runs across their property on Hauptstrasse 43, is marked as a private path with a no-entry sign for non-residents. The conflict arose when a construction project was underway in the neighborhood and the two homeowners were concerned about possible damage from construction equipment. Finally, they clarified with their lawyer that as owners they would be liable for any damage.

What followed was a confrontation with the community, which viewed the church route as public. This claim is based on a concept enshrined in Roman law known as “immemorial statute of limitations.” The community argues that the path has been used continuously since time immemorial and that a public right has therefore arisen. In order to strengthen its position, it refers to a district atlas from the years 1872 to 1875, which is intended to provide evidence of this use. They draw their argument directly from the core of Roman law, which has been part of German law since the High Middle Ages, supported by Germanic traditions and the development of the legal system over the centuries, as explained on Wikipedia).

Legal dispute comes to a head

Klemm and Hogenhuis, on the other hand, see themselves as victims of a legal institution that, in their opinion, is being abused. They fear expropriation without adequate compensation. Their arguments are based, among other things, on a right of way registered in the 1970s and an offer from the municipality in 1998 to buy the path, which was rejected. The first court hearing that brought the dispute to the judge's bench ended with a recommendation for an out-of-court settlement - but this did not materialize. At a subsequent appointment, two older witnesses were interviewed who were supposed to testify about the use of the church path before 1964.

The result was surprising: the court decided that the church path is a private path and not a public path. However, this judgment is not yet final and there is the possibility of an appeal. Mayor Ewald Hoffmann said that the municipality wanted to wait carefully for this verdict before taking the next step.

This topic creates a lot of connection in the community. It connects the aspects of German law at the time with modern challenges and shows how deeply the roots of our understanding of law are interwoven in history. The decision as to whether the church path is classified as public or private could have far-reaching consequences for the owners and the community. Until then, the dispute remains a hot topic that continues to be a source of discussion.

Given the legal complexity, it is probably a good idea for Schwenningers to find out about the historical foundations of the law that affects them on a daily basis. Ultimately, the entanglements between private and public law are a relevant issue not only in Schwenningen, but everywhere where ownership and use collide.