Rewilding in Germany: Legal Guidance Notes

This note covers rewilding and:

• Key considerations when securing land for rewilding
• Private law mechanisms available to obtain and secure land for rewilding
• Public law mechanisms useful for securing land for rewilding

This note covers rewilding and:

• General obligations of landowners towards their neighbours
• How nuisance may limit the use of private property
• Liability for nuisance and damage to neighbouring landowners caused by rewilding
• Right of way of necessity over neighbouring land

This note covers rewilding and:

• Types of property and public access
• Restrictions on the discretion to grant or restrict access to land
• The right to fence private property
• Managing third-party access to private property

This note covers rewilding and:

• General rules around third party liability and how it can be excluded or mitigated
• The principle of “enter at your own risk", especially in forests and open landscapes
• Liability for construction or maintenance defects
• Liability for people under the care of the landowner or land manager
• Liability for damage caused in areas closed to public access
• Liability for damage caused by employees or contractors

This note covers rewilding and:

• How liability for kept animals relies on their classification as wild or domestic, useful or luxury
• How keepers and guardians of animals may be liable for any damage caused by such animals
• How liability for animals may apply in the context of rewilding

This note covers rewilding and:

• Tax treatment of rewilding under German law
• Deductions and non-profit status
• Subsidies and compensation schemes
• Potential tax risks and implications of rewilding