Section 86 GBG explains when several land register entries from one purchase deed can be combined and when a separate application is required.
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Several entries based on the same purchase deed can generally be requested in one land register application. Section 86 of the Austrian General Land Register Act, or GBG, sets out the relevant cases. The combination requires the deed, requested rights and jurisdiction to fit together.
The provision also covers one right to be entered in several land register folios and several rights in one folio or in a minimum share connected with condominium ownership. A priority notice may not be combined with other entries in the same application.
Before filing, the buyer and the contract drafter should assign each request to the deed, affected folio and competent land register court. This shows whether section 86 GBG supports one application or whether a request must be handled separately.
Three questions help distinguish the deed, jurisdiction and priority notice.
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Section 86 GBG links its main case to several entries based on the same instrument.
Assign every requested entry to the specific instrument and legal ground on which it relies. If the requests arise from different deeds or the allocation remains unclear, do not infer one application merely from the economic connection between the requests.
Section 86 GBG refers to exceptions for specific situations. Section 108 GBG concerns a simultaneous mortgage involving several land register courts. Section 23 of the Real Property Partition Act concerns transfers of parts and opening a new folio. First clarify whether one of these special cases applies.
The annotation to section 86 GBG excludes combining a priority notice application with other entries. Separate this request from the application for further entries and check the instruments and information required for each application.
If the same deed supports the requests, one land register court is competent in the ordinary case and no priority notice is combined with the entries, the statutory rule supports examining one application. The specific application must still identify every entry, affected folio and required document clearly.
Section 86 GBG permits several requests to be combined in specifically defined situations. Several entries may be joined where the same instrument establishes them. This is the typical case where one purchase deed gives rise to several registration requests.
The provision also names a right that is to be entered in several land register folios. It further allows several rights in one folio or in a minimum share connected with condominium ownership to be requested in one application.
The provision concerns the form of filing. It does not replace the examination of whether the individual right exists, whether the deed establishes the legal ground or whether the documents are sufficient for registration.
For the first case, the key point is that the entries are established by the same instrument. The fact that several requests are economically connected to one purchase does not answer that question by itself. The contents of the actual deed control.
For each request, check which right is to be registered, who makes the declaration and where the deed sets out the legal ground and consent to registration. If ownership and another right are requested, both requests must remain traceable in the deed.
The description of the property and folio must also match the requests. An unclear allocation should be resolved before filing. The general route from signing to registration is explained in the article on the land register application after signing.
A combined application may concern several land register folios where section 86 GBG supports the combination for the specific situation. The folios must still be identified separately. One filing does not turn several folios into one folio.
Several rights in one folio must likewise be named individually. For condominium ownership, the provision additionally refers to the minimum share connected with the condominium. This keeps the relevant share and right visible in the application.
A partition of real property presents a specific statutory situation. The article on buying part of a property covers the plans and survey documents involved. That topic remains distinct from the combination under section 86 GBG.
Section 86 GBG generally requires one competent land register court. If several courts or special folios are involved, first determine whether a statutory special route applies. Jurisdiction cannot be inferred from the purchase deed alone.
Section 108 GBG provides a special rule for a simultaneous mortgage. The mortgage may be requested before several land register courts or in one application. In the latter case, the application is filed with the court of the principal folio and the order for the other courts must be stated.
Section 23 of the Real Property Partition Act concerns the transfer of parts of a land register body and the opening of a new folio. The application is filed with the court carrying out the transfer. These rules show why jurisdiction must be checked concretely before filing.
The annotation to section 86 GBG sets a clear limit: an application for a priority notice may not be combined with other entries. The priority notice is therefore a separate request and a separate point of review.
This remains so even if the priority is economically connected with the same purchase. The connection with the purchase deed does not remove the statutory separation. The draft must therefore be checked for this exclusion before filing.
For the remaining entries, check the same deed, relevant folio and competent court. The topic page on land register and encumbrances provides further orientation on the register and its burdens.
Start with a list of every requested entry. Assign the supporting deed, affected folio or minimum share and intended legal effect to each item. This makes clear whether the request follows from the common purchase deed or has its own legal basis.
Then check jurisdiction. Several folios, a simultaneous mortgage or a partition can require the special rules mentioned above. Remove any priority notice from the combined application.
A land register extract helps identify the folio and existing entries. It does not by itself establish that the purchase deed supports every requested entry. That follows from the deed and the specific application.
The starting point determines the first review under section 86 GBG.
| Starting point | Possible filing | First review |
|---|---|---|
| One purchase deed Several entries are established by the same instrument | A combined application can be examined | Contents of the deed and consent to registration |
| Several folios One right is to be entered in several folios | Check combination under section 86 GBG | Folios and court jurisdiction |
| Simultaneous mortgage The mortgage concerns several land register courts | Check the special rule in section 108 GBG | Principal folio and order |
| Priority notice A priority notice is to be combined with other entries | Separate filing required | Exclusion in the annotation to section 86 GBG |
The table classifies the statutory filing issue. Approval of a specific application depends on the deeds, formal requirements and further conditions.
The order keeps the deed, folio, court and legal effect distinct.
Each right and affected folio receives its own item.
The purchase deed must support the combination of the requests.
Several courts can trigger a review under section 108 GBG or section 23 of the Real Property Partition Act.
This request may not be combined with other entries.
Before filing: Check every request against the purchase deed, affected folio and competent court. An economically connected transaction does not automatically permit one application.
This can generally be possible under section 86 GBG if both entries are established by the same deed, one land register court is competent in the ordinary case and no priority notice is combined with them. The deed and application still require an individual review.
Section 86 GBG expressly names the entry of one right in several land register folios. The folios, right and jurisdiction must be identified clearly. Additional statutory rules apply to specific situations.
No. The annotation to section 86 GBG excludes combining a priority notice application with other entries. The request must therefore be handled separately.
The route from the purchase deed to registration.
Review partition plan, survey document and land register together.
Topic page on folios, ownership and burdens.
Classify the A, B and C sheets before purchase.
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