It helps to keep the tongue straight in the mouth, when you have to follow in the case of Mogens Andersen and Kolding Municipality. A case that stretches over nearly 10 years, has cost a six-figure sum and is now finally lost.
But it is not that Mogens has lost the case, he is frustrated - it is the way in which he has lost it.
In 1978 bought Mogens Andersen, together with his wife the house on the Friggasvej 66 in Kolding. About seven years later - in 1985 - planted the pair some roses, guldregn, lilacs and other plants on the border of their garden. How was it for 25 years without any was bothered, but suddenly one day in 2009, home-owners ' association.
- They said that the planting was in a communal area, which they had vedligeholdelsespligten over. It is a duty, they haven't used in 25 years, so we were very uncomprehending.
But it all started probably with some disagreement over a new tag, we had established. After it there was a sudden focus on us from all sides.
today, there are planted a beech hedges around the previously planted area. The hedge must be removed, and the couple must restore the area to how it looked when they bought the site. Until they do, it costs them 1000 dollars a week. Photo: Anders Brohus
at the time, Mogens Andersen had used to stand on the field for more than 20 years, he returned to the home-owners ' association on prescription in the area. It got the association to complain to the municipality.
When can you do the index?
in Order that a right may be acquired by prescription, the availability have stretched over 20 years, it must not be established by an agreement, which obliges the current to cease with the availability at a particular time, e.g. a loan agreement, and the owner must not be interrupted hævdserhvervelsen, for example by filing a lawsuit against the chief or by actually impeding the exercise of the availability.
the Municipality invited us in for a meeting, and in 2011, they offered us to buy the land. Even though I really knew that we had upheld in the area, gad, we have no more trouble with it. When we got the offer of 250 kr. pr. square meters, we accepted it immediately, signed and sent back.
the Acquisition was issued by the City and Udviklingsforvaltningen in the Municipality of Kolding. Before it was current, it had to be approved by the city council - it was not something that concerned Mogens Andersen at the time.
I knew of many others who had purchased land by the municipality, and I knew that the Management had power of procuration to sell, so it was just pure formalities.
the sales contract Mogens and his wife had signed back in 2011. Due to complaints from home-owners ' association set By - and Udviklingsforvaltningen however, the city council not to sell. Photo: Private
It proved to be not so simple. The same government which had issued the now underskrevede purchase contract, the nominee for the city council not to sell the site. Something that really got behind on Mogens Andersen.
We were a little in shock when we got the decision. It was so bloody stupid, as anything could be.
After the refusal to buy the site went Mogens Andersen back to its original level, to make prevail in the area. In connection with the purchase of the area had a surveying company also noted that there was likely talking about an area that the pair had confirmed the same.
- We knew and could prove that we had had the field for over 25 years, says Mogens Andersen.
Such as the initial planting out. It was removed by the home-owners ' association in 2011, as the pair got refusal to purchase the property. Photo: Private
A new surveying company came out to examine the area in relation to the index case, and could, like the previous also note that the area met all the requirements to prevail. The pair won thus upheld-the case in 2011 and thought that it was a closed chapter. They planted a beech hedges, paid the real estate tax rate and have not heard anything in over a year.
Suddenly came the management again. Now, it was thought that the couple should re-establish the area as it looked 25 years ago out of consideration for the local plan.
- It is really difficult, as an ordinary citizen to fight with the municipality. It is as if one has lost in advance.
In the nearly 10 years the case has been pending, Mogens Andersen collected many folders with documentation, mailkorrespondancer and other evidence. Just a little it has helped, and the case was finally lost in november 2018. Photo: Anders Brohus
From 2012 to 2016, there is a lot of back and forth, and the whole matter ends up in court. Here it turns out so, that the case is obsolete. Therefore, think the pair yet again, that it definitely is the end with the fight, and now they can enjoy their garden. But they are getting smarter.
- Shortly after the decision on the limitation period, contact the municipality themselves to us with a new case. It deals with our planting out the front garden. Therefore, completely the same case, which a few months previously has become obsolete in the high court. It is absolutely pointless, says Mogens Andersen.
- We went through the same mill again - this time just with a new number.
the big surprise for the couple lost the case in the court of appeal in november 2018. It was decided that the pair should restore the area to its original condition - that is to say remove the hedge and then the grass - but still owned the area.
For the pair on the Friggasvej it's not so much about the area anymore - or the money for its cause. It's more about the poor treatment, as they feel that they have got.
- It's got all the time was a losing battle, and I think it is terrible how a municipality can make both the one and the other, because they are a municipality. We, as private persons, have the not a chance.
Here you can see the hole in the hedge, which makes that the area is freely accessible. Mogens Andersen at the well, that of course it's not good enough, and he also has the machine ready to remove the hedge completely. Photo: Anders Brohus
Mogens Andersen has made a hole in the hedge, so there is free passage, but due to the weather he does not, he can remove the hedge or as grass yet.
- after all We were told by the municipality that if we destroyed something in re-establishing, we should also replace it, and I think not just that it is the time to run with large machinery on a slope.
Right now, the pair is imposed ugebøder of 1000 crowns, until they remove the hedge and sow grass.
the Extra Leaf has talked with the Municipality of Kolding, which tells that it is a very complex case.
- It is indeed a case, where the municipality very much disagree with the landowner, about what is right and wrong. When you win the item on a area, it is not the same as you do with the area, as you will. Just the area on the Friggasvej 66 is still subject to the local plan, and it is also what the high court decides, says Thomas Uhlemann, a Lawyer at the Municipality of Kolding.