Alena Franken

The Legal Situation of Squatters in English and German Property Law Alena Franken

Seminar paper from the year 2013 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1,0, University of Bremen, course: Comparative Property Law, language: English, abstract: Property law in England and Germany exhibit considerable differences in regards to the legal situation of squatters. Already the term "property" is defined differently in both legal systems. In England property means chattels real and chattels personal as well as real property like land whereas in Germany property means "things" under § 90 BGB which are only corporeal objects, which are divided into movables and immovable objects. Therefore property has a much more limited meaning than in English law. The main difference between English and German law relating to the legal situation of squatters is a question of the connection between ownership and possession. In English law ownership can only be seen in connection with possession. In German law ownership and possession are strictly detached from another. The owner-possessor relationship is the system of liability between the owner and the unlawful possessor of a thing which is codified in §§ 987 ff. BGB. Additionally, the rights of squatters in English and German law have much in common. The squatter´s possession is not absolute, but in relation to third parties they have a better right to possess. The title of an English squatter, however, is stronger than the right to possess for a German squatter because of the defectiveness of his possession.