Encumbrance
Collective term for rights in rem over a property (servitudes, real burdens, mortgages).
An encumbrance is a collective term for rights in rem over a property; it includes servitudes, real burdens and mortgages. Whether and in which form an encumbrance is affected by a realisation follows only from the concrete file.
Generalisations about automatic assumption or extinction we do not derive. We work on the actual land register extract and the edict, not on examples.
Legal basis
- Procedural source: the specific auction file and current land register extract
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 a lawyer’s examination of the individual case.
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Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000