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BGB 95. 1 The parts of a plot of land do not include things that are connected with the land only for a temporary purpose . The same applies to a building or other structure that is connected with a plot of land belonging to another by a person exercising a right over that land .
BGB 836. 1 If a human being is killed or if the body or the health of a human being is injured or a thing is damaged by the collapse of a building or any other structure attached to a plot of land or by parts of the building or structure breaking off , then the possessor of the plot of land is liable to make compensation to the injured person for damage resulting from this , to the extent that the collapse or severing is a consequence of defective construction or inadequate upkeep . Liability in damages does not apply if the possessor has observed reasonable care for the purpose of avoiding danger .
BGB 837 If anyone , in exercise of a right , possesses a building or another structure on the plot of land of another person , then the responsibility specified in section 836 applies to him instead of the possessor of the plot of land .
BGB 838 A person who assumes the maintenance of a building or of a structure attached to a plot of land for the possessor or has to maintain the building or the other structure by virtue of a right of use to which he is entitled is responsible in the same way as the possessor for the damage caused by the collapse or the breaking off of parts of the building .