In the recess in the division case of Schmallenberg p. 388, the introduction states:
"In Schmallenberg town in the district Meschede of the administrative district Arnsberg, a division and regulation of use has taken place with regard to the common land, over which a dispute has arisen between

I. the political municipality Schmallenberg represented by the Official Mandater Amtmann Röper there,

II. the two elementary schools there, represented by Amtmann Röper as official mandatary,

III. and the owners of the 151 civil rights there listed in § 7 under No. 2 - 147

IVa. the parish fund to Schmallenberg represented by the parish priest Rohde there

b - d innkeeper Franz Bergenthal, Franz Anton Hengesbach and Clemens Störmann as representative of his wife Maria Franziska as registered owners of parcel VI No. 166 and 129 the following "dispute settlement process" is concluded".

Prior to this settlement process, disputes about the Schmallenberg common land existed between the political municipality and the owners of the so-called "Bürgerberechtigungen" (citizens' rights) associated with the older Sohlstätten there, in that the latter not only owned and administered most of the land owned by the municipality and registered in their names in the land tax register and in the mortgage book, the latter not only claimed the majority of the land owned and administered by the municipality and registered in its name in the land tax register and the mortgage book, namely the woodlands, as their common private property, but also extended their claims to the parcels of land sold by the municipality since 1842, especially in 1854, challenged these sales as invalid and demanded the division of these common plots of land, at least with regard to those sold. At least the assignment of the rights acquired under the relevant contracts from the municipality. They may have claimed extensive servitude rights to the communal properties for the purchase of timber and crockery, their firewood requirements in the form of felled wood, gathering and harvesting wood such as earth sticks, litter leaves and heather litter, as well as the grazing rights with all types of livestock as private property and accessories of their civic site.

In addition, the two elementary schools there were also entitled to the free supply of firewood. The municipality, however, disputed all these claims and only wanted to recognize the uses to which the old Sohlstätten owners were entitled as citizens as community rights flowing from community membership, as community member assets.

In 1842, the town and Schmallenberg and 151 citizens from the old town center agreed on the future use of the beech forests, which were mainly located on the Schmallenberger Höhe. However, areas in Lenninghof, Vor der Robbecke, Eickhagen and Huckelberg were also affected.

Rezess, formerly also written Receß = Rezeß, comes from the Latin recedere, which means to diverge, to retreat, Latin also recessus = resignation. Recess is therefore a legal term for a dispute or settlement over disputed circumstances. It also (historically) represents the conclusion of a contract.

Many inhabitants from the Schmallenberg region who had moved to the better protected Altstadt area over the centuries had smaller forest plots here. The owners not only used the wood, but they also cut the heather and collected leaves as bedding for the stables. The forest was also used for grazing, so that the animals damaged the forest floor and the young wood.

The takeover of the small areas of forest by the town at the time was aimed at being able to manage the forest property more sensibly and served the "good of the forest". However, the citizens wanted to secure their rights to use the forest. After long negotiations, the result was a contract that still provides the descendants of the old Schmallenbergers with an unusual annual income.

They received the so-called "burgher rights". For each civil right, they received ten cubic meters of thick beech wood and two additional meters of thinner pieces, branches less than eight centimeters thick, also known as Knippen.
Although the old contract Schmallenberg is a burden, it has the advantage that the "citizens see the forest as their forest". The people's deep connection to this valuable natural asset is to be valued more highly than the purely economic consideration of the contractual provisions. The town forester is responsible for ensuring that the Bürgerwald is carefully managed and that the holders of civil rights receive their dividend from the forest year after year in the form of high-quality beech firewood.

This contract has become more important again in recent years as energy prices have risen. Previously, it was quite common for citizens to prefer to receive money.

Since the price of firewood has risen, people are buying it again. Whether they use it themselves or sell it on is up to them. The contract of 1842 gives them this right. The city and the 151 rights holders negotiate with each other about the citizens' deputies. Section 14 of the contract states:

Rights of the citizens entitled to building and firewood

a) Oak timber. Burnt down sole sites once 300 cubic feet (9.28 fm) of oak wood free of charge for reconstruction within 10 years.

b) Firewood. The municipality shall, at its own discretion, provide either 3 fathoms of logs with the sticks falling from them or at least 2 fathoms of logs and, instead of the third fathom, 4 fathoms of sticks against payment of the hewer's and returner's wages for each citizen's entitlement (151 entitlements in total).

The entitlement is hereditary and alienable, and can also be leased to members of the community. The sale of the deputed wood is permitted. No more than 2 authorizations may be associated with one house, otherwise the exercise is suspended. For 40 years, until 1959, no use was made of the possibility of supplying rice wood as a substitute. It was preferred to use the full 10 rm of firewood and the resulting billets (2 rm).

The war and post-war years were an exception, when deliveries were severely restricted. The rights to timber were probably extinguished except for one site (V 15). The purchase of oak and beech cherry wood for a fee no longer plays a role today. The extraction of leaf litter, clay and stones has fallen asleep. Only a small amount of timber is actually still harvested by the remaining members of the community. Due to the purchase of rights by the town, the number of citizens' rights had fallen to 127 by 1959. Today, the citizens still hold 102 rights to the municipal forest on the basis of a recession from 1842.