Upcoming Compulsory Destruction of House in Brandenburg Elevated to Federal Court of Justice's Consideration
In June 2023, the Brandenburg an der Havel Higher Regional Court decided that a family had to tear down their house and vacate the 10,000 square meter plot. This was due to an oversight in a compulsory auction back in 2010. This meant that the original property owner hadn't actually lost the land.
The plot was originally inherited in 1993. The owner wasn't properly informed about the upcoming compulsory auction at the Luckenwalde District Court in 2010. A woman ended up purchasing the plot and building a house with her husband. The family moved in back in 2012.
The original owner filed a complaint in the following year, and in 2014, the Potsdam Land Court reversed the decision made during the compulsory auction process. However, the family's subsequent complaints and even a constitutional appeal were all unsuccessful. The Higher Regional Court eventually upheld the 2014 land court decision as lawful.
The compulsory auction decision was ultimately annulled. The original owner was confirmed to be the true owner of the plot. Despite the family's "severe" predicament, the owner also had the right to demand the demolition of the house, although this could involve significant costs.
The Higher Regional Court declined to consider the appeal. However, the family got the Federal Court of Justice to take up their petition for non-admissibility. The appeal was accepted due to its importance. The oral hearing for this case is scheduled for the coming year, as announced by the Federal Court of Justice.
