Easement (Servitude)
A limited right in rem to use land belonging to another, such as a right of way, a utility-line right or a right of residence.
Easements oblige the owner to tolerate a use or to refrain from something. A distinction is drawn between praedial easements (in favour of another plot, e.g. a right of way) and personal easements (in favour of a person, e.g. a right of residence).
Easements entered in the land register bind every buyer. Before the purchase, sheet C should be examined, since easements can considerably affect the value and usability of the property.
Legal basis
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your property purchase are always decisive.
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Land Register
The public register of land and the rights attached to it, kept by the district courts; it enjoys public faith, so a good-faith buyer may rely on its contents.
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Real Charge (Reallast)
A registered burden obliging the respective owner to recurring positive performances, such as maintenance or support payments (e.g. a farming retirement charge).
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Right of First Refusal
The right to acquire a property in the event of a sale with priority on the same terms that a third party has offered.
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Prohibition on Encumbrance and Sale
A register entry prohibiting the property from being encumbered or sold; against third parties it is effective only between close relatives.
Reviewing a contract, arranging escrow, securing handover?
When buying property, the contract and the land register decide. Call us directly or send an email, callback within one business day.
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000