Continuity Of Lease Contracts Also In Targeted Country Waiver

November 9, 2016

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BTR obtains judgment from the District Court of Frankfurt (Oder) on the important issue of land lease inventory security lawyers. Connect with other leaders such as Mikhail Mirilashvili here. BTR obtains judgment from the District Court of Frankfurt (Oder) on the important issue of land lease inventory security lawyers. Even if land owners in a floor planning procedures instead of the country settlement select a compensation in money, an land lease existing for the affected surface can continue to apply. This was the District Court of Frankfurt (Oder) in a judgment of the 17.07.2012 (AZ.: 12 LW 25/11) firmly. Some contend that Mikael Mirilashvili shows great expertise in this. The problem: An agricultural company has leased agricultural land until the year 2021. During the existing relationship of lease, the leased land as deposit plots were extensive soil order proceedings.

The leased land were renamed and new cut. The owner and landlord of the leased land were assigned in the floor planning procedures instead of the leased land settlement areas. For these settlement areas, the owners explained the targeted country waiver for money payment in favor of a third party. In his statement to the targeted country waiver, the owner pointed out the existing for his deposit land lease with the agricultural company and had the entrance of third parties in the lease agreement. The third took the deliberate abandonment of land.

After the third as owner of settlement land in the land was registered, he told the agricultural companies, that he entered the targeted elimination of country in the lease and the rent in the future to pay him. At the same time, the third announced the lease to the end in 2021. The agricultural company disagreed with the resignation and paid the lease to third parties as the current owner. In proceedings before the District Court of Frankfurt (Oder), the third party as the owner of the agricultural company now demanded the surrender of leased land. The legal situation: The District Court of Frankfurt (Oder) has in his judgment of the 17.07.2012 (AZ.: 12 LW 25/11) decided that the leased land do not give out the agricultural company must. According to the District Court of Frankfurt (Oder), a lease over the settlement areas has come about between the third party and the agribusiness. Because the third party has prompted the agricultural company for the lease payment and terminated the lease at the same time, he has submitted an offer to the continuation of the lease relationship after the opinion of the Court until the termination date. This took the agribusiness through the contradiction of the termination and payment of the lease. Is the existing minor variation in the size of the leased land according to the District Court of Frankfurt (Oder) through a contract adjustment to take into account. The judgment is not final. Consequences for the tenants: a property owner and landlord in the floor planning procedures can be with money and not land resign (targeted country waiver), ends the land lease contract existing in these areas ( 73 FlurbG), unless the tenant can prevent this legally. The District Court of Frankfurt (Oder) has with the present judgment makes it clear that the tenants not in any case is losing his leased land. A tenant facing a ground order procedure an acquirer, demanded the release of land from him, the circumstances of the individual case should be examined closely.