An owner cannot necessarily be held liable for damage caused by a storm. This was decided by the Munich District Court (113 C 18489/22). In this case, a tree fell onto a parked car opposite a parking garage during a storm, the operator of which had a duty of care. The car suffered a total loss. The owner of the car...
Under certain circumstances, a local authority can demand the retransfer of a property assigned to an association. This so-called reversion can occur if the association does not fulfill its contractual obligations. This was decided by the Federal Court of Justice (V ZR 191/22). In this case, the local authority had allowed an association to build on a plot of land within four years by means of a leasehold...
If a house is sold with a covered terrace and rainwater penetrates through the terrace roof, this constitutes a material defect. This was decided by the Federal Court of Justice (BGH) (AZ: V ZR 43/23). The BGH is of the opinion that this is not just a symptom, but that the leakage of the patio roof itself constitutes the defect. The seller acts fraudulently if he does not inform the buyer about the...
The crosses in public buildings in Bavaria may remain hanging. This was decided by the Federal Administrative Court (AZ: BVerwG10 C 3.22). This means that the Free State of Bavaria is not obliged to remove the crosses displayed in its official buildings in accordance with the cross decree. The crosses are considered an expression of Bavaria's historical and cultural character. The plaintiffs, ideological communities,...
A search of a home on suspicion of "adbusting" is unreasonable. The Federal Constitutional Court (BVerfGE) upheld a corresponding constitutional complaint (ref.: 2 BvR 1749/20). In "adbusting", advertising posters are redesigned in such a way that the original meaning is altered or ridiculed. The person in question was attacked when a Bundeswehr poster was...
When contesting business plan resolutions in condominium owners' associations, the grievance of a complaining owner must continue to be determined on the basis of their share in the business plan. This was decided by the Federal Court of Justice (AZ: V ZB 9/23). This also applies following the amendment to the law, which has been in force since December 1, 2020 and stipulates that only advances and reserves may be...
Untrue allegations made by a tenant in a legal dispute with the landlord can justify an ordinary termination in accordance with Section 573 (1), (2) No. 1 BGB. This is the result of a ruling by the Federal Court of Justice (BGH) (VIII ZR 147/22). However, this requires a comprehensive case-by-case examination, whereby the relevance and scope of the false statements as well as any previous breaches of contract...
A tenant is not in default of payment if the landlord fails to make agreed donations to pay the rent. This was decided by the Frankfurt am Main Higher Regional Court (AZ: 2 U 115/22). The specific case concerned a non-profit foundation that operated a museum in a rented commercial building. The landlord made a donation with which the charitable foundation paid the rent...
A wildlife camera on a property can violate the personal rights of neighbors. This was decided by the local court in Munich (case no.: 171 C 11188/22). The local court thus confirmed a temporary injunction prohibiting the owner of the camera from setting it up on her property if she could use it to record the neighbor's area or give the impression of doing so. Although the camera...
After the deletion of lawful compulsory entries, property owners are not entitled to a rewriting of the land register entries. This was decided by the Federal Court of Justice (BGH, AZ: V ZB 17/22). In this case, an owner had requested the land registry to create new land register sheets from which the deleted entries would no longer be visible. As the...
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