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.
The prohibition under Sec. 364c ABGB prevents the owner from selling or pledging the property. It has effect in rem against third parties only if it is created between spouses, registered partners, parents and children or similarly close relatives and is entered in the land register.
A registered prohibition blocks the registration of title of the buyer. Before the purchase it must therefore be clarified whether such a prohibition exists and whether the beneficiary consents to its deletion.
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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Registration of Title (Einverleibung)
The unconditional entry of a right in the land register; through it ownership or another right in rem is definitively acquired.
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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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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.
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