Farmer Loses Windmill-Covered Farmland to Mherben, Having Built It Himself
In a small town in Saxony-Anhalt, Germany, a farmer has built a wind turbine on a portion of his farmland, causing a legal dispute between the farmer, his co-heirs, and the local court.
The farmer, who owns a 5-hectare plot of land, has used approximately 0.3 hectares for the construction of a wind power plant. The wind turbine, while seemingly integral to the property, falls into the free inheritance if it was in the ownership of the deceased. This is because the wind power plant is not considered agricultural use, and the areas used are merely production sites, according to the Federal Court of Justice.
The local court has ruled that the section of the plot with the wind turbine is not regularly farmed from the farmstead and therefore does not belong to the farm. This decision has significant implications for the farmer's co-heirs, who are liable for the debts incurred on the farm, even if they are deprived of their heirship status regarding the farm's assets.
The farmer's intention to use the property temporarily for non-agricultural purposes does not guarantee the establishment of a temporary non-use. If a plot is used predominantly for the operation of a wind power plant, the agricultural court must request the land registry office to strike it from the farm register.
However, the temporariness of the external use cannot be established, and the construction of a commercial facility causes the farm affiliation to lapse. The farmer's intention to resume agricultural use after the wind turbine's operation is not apparent, adding to the complexity of the case.
The co-heirs who are stepping back can demand the transfer of the part of the plot used for non-agricultural purposes. This protection of the disinherited co-heirs gains increased importance in this case, as they could be left responsible for the debts incurred on the farm.
The possibility of returning to agricultural use or continuing with a subsequent non-agricultural use would remain, even if the farmer did not intend for permanent non-agricultural use. Non-agricultural property only remains a farm component exceptionally if it is positively established at the start of non-agricultural use that this is only a temporary state.
The region associated with the operator of the wind turbine construction, where the dispute among the farmer, his heir, and the local court takes place, is likely Saxony-Anhalt in Germany. This region has legislation linking local communities financially to wind power operators, which may contribute to the local conflicts around wind energy projects.
The farmer's motive for using the property as a wind turbine site does not indicate the type of subsequent use. The subsidy for the generated energy, which was subsidized at 9.1 cents per kWh under the Renewable Energy Act, ended on December 31, 2021.
This legal dispute highlights the complexities surrounding the use of farmland for non-agricultural purposes, particularly in the case of wind power plants. As renewable energy becomes increasingly important, it is crucial to find a balance between agricultural needs and the development of sustainable energy sources.
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