Encumbrance
Collective term for burdens on a property whose treatment depends on the type of right, rank and auction file.
For servitudes, maintenance rights and other real burdens, section 200 EO distinguishes by priority, rank and coverage in the distribution mass. It also contains special rules, including for certain energy-supply servitudes, rights of repurchase and registered leases.
Review question: What is the exact type of right, what rank does it have against the enforcing creditor’s right to satisfaction or a registered mortgage, and what do the valuation and auction conditions provide? Only then can assumption, coverage or cancellation be assessed in the specific proceeding.
The creditor hub and creditor checklist organise security and enforcement file. The buyer hub and file check help keep assumed burdens separate from the buyer’s own calculation.
More on zwangsversteigerung-anwalt.at
This explanation gives a general overview of Austrian law and does not replace a lawyer’s examination of the individual case.
-
Land register
Public register of ownership, encumbrances and rights over real estate in Austria.
-
Rank
Land-register priority of an entry, which must be distinguished from the statutory order of distribution.
-
Mortgage
Security right in rem permitting satisfaction from an asset if the secured obligation is not performed.
Questions about an upcoming auction?
Call the firm or send us an email. We will review your enquiry and contact you.
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000