Vernichtungsansprüche

Vernichtungsansprüche, often translated as "claims for destruction" or "destruction claims," is a legal concept primarily encountered in German law, particularly in the context of property law and claims for damages. It refers to a right that a property owner may have to demand the complete destruction or removal of a structure or object that infringes upon their property rights. This is distinct from claims for compensation or claims for alteration, which seek monetary payment or modification of the infringing structure.

The legal basis for Vernichtungsansprüche typically stems from provisions in the German Civil Code (Bürgerliches Gesetzbuch or BGB) that protect property rights and prevent unlawful interference. For example, a neighbor building a structure that encroaches onto another's land could be subject to a Vernichtungsanspruch, compelling the removal of the offending part of the structure. Such claims are generally considered a last resort, exercised when other remedies, such as compensation or injunctions for alteration, are deemed insufficient to restore the property owner's rights. The court will weigh the interests of both parties, considering the proportionality of ordering destruction against the severity of the infringement and the cost of removal.