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There are many real estate land rights under Austrian law. Except for ownership rights, real / personal easements, mortgages, property rights for the first and second buildings on the property owned by the leading man's land easement purchase. There is deducted from the prohibition of performance and ownership.An actual registered easement (property right such as to drive) is connected to the property itself. Beneficiary of the right always is the owner of the property for which relief was taken. (To the fruits and benefits, eg the right to enjoy rights of residence), personal servitude as individuals are connected to a receiver. The authority (unless otherwise agreed) are terminated on the death of the beneficiary.
The fee for a property is binding on successors, the recorded between the parties is purely contractual rights. All private and state property must be registered in Austria. All land rights must be registered to be effective. In general, it is possible only by contractual arrangements (for example, the 1% of the purchase price to save on registration fees) to make these rights, the enforceability of these rights depends on your entry. Therefore, registration of these rights will not be mandatory, but will need to provide comprehensive legal protection.
Property in Austria there is no government guarantee. In general, many bona fide third party title in the accuracy and completeness can rely on the registration. Such as a land rights registration is required. However, to apply for and against third party claims apply to such rights, these rights record is mandatory. It is customary for the registration of a lien on the property only if the loan is paid or not served if there is a risk that other creditors to request a judicial mortgage. Record then held his position over other creditors.
According to the Civil Code, two conditions need to acquire property, (such as purchases or donations), title and land titles Log (Land Registry), namely the creation of the registration of the property acquisition. After the deed recording, land ownership is transferred to the buyer. In general, the Austrian real estate law on the theory that the former rights lose the rights. Take precedence over the rights of registered rights and recorded a pre-registered interest in these rights prevail. Each country submitted to the Board is assigned a unique number corresponding to each position.
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