Garden owner constructs dwelling on lease property, subsequently terminates lease agreement and files lawsuit for unlawful eviction
In a recent ruling, the District Court has decided in favour of the city administration, granting them a claim for eviction and surrender of several disputed allotment garden properties. The dispute centres around illegal constructions built on the allotment garden plots, which were leased to the district association of allotment gardeners e.V. by the city administration.
The city administration purchased the land for the allotment garden area from the Ev. luth. church. At the time of purchase, the area was described as "unbuilt" in the purchase contract. The plaintiff, aware that individual areas were leased as allotment gardens, entered into a general lease agreement with the Association of Small Gardeners e.V. However, it was discovered that the small garden lease agreements with the defendants did not exist as rental agreements with the plaintiff.
Despite repeated requests, the defendants did not return the properties. The court has joined the original proceedings for joint hearing and decision, and the Plaintiff terminated the general lease agreement with the Association of Small Gardeners e.V. Consequently, the Plaintiff claims that after the termination of the small garden lease agreements, a claim for eviction and surrender exists against the Defendants in each case.
The allotment garden lease contract states that structures, buildings, and supply facilities built contrary to regulations must be removed. The city administration (and plaintiff) is seeking eviction and return of allotment garden plots that have been illegally built upon. One of the defendants entered a contract to pay €15,500 upon handover of the buildings on their plot to their contractual partner.
The building on one of the disputed plots was rebuilt under the name "Reconstruction of the solid garden pavilion". The party that built the constructions on the Streichgarten areas under dispute is not specified in the given information. It is important to note that the defendants have neither their own nor derived possession rights. An own possession right of the Defendants is not recognizable.
The court's decision marks a significant step towards the restoration of the allotment garden area to its original, legal state. The city administration is now empowered to take action against the defendants to evict them and reclaim the disputed properties. The ruling serves as a reminder of the importance of adhering to the regulations governing the use of public land and the consequences of non-compliance.
