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).
Unlike an easement, which only requires tolerating or refraining, a real charge obliges the owner to a positive act, usually recurring payments in money or in kind. The classic example is the agricultural retirement provision (Ausgedinge).
The real charge attaches to the property and passes with it to the buyer. It is entered in sheet C of the land register and must be assessed when reviewing the purchase contract.
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.
-
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.
-
Mortgage / Lien (Pfandrecht)
A right in rem securing a debt against the property; it entitles the creditor to satisfy the claim from the land if the debtor fails to pay.
-
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.
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