Posts tagged #co-ownership
All PostsAustrian OGH: Classification Changes of Co-Owned Properties
Civil LawA condominium owner who arbitrarily makes changes to the condominium without obtaining prior consent from the other owners and without the ruling of a judge in non-litigious procedure acts can be ordered in a litigious procedure to reverse the change...
OGH on Establishing Easements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified the conditions under which an easement can be created in a property owned in common. In the case at hand, the plaintiff is the sole owner of property A, which she had ac...
OGH Rules on Untimeliness in Partition Proceedings
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on whether a claim for maintenance of a residence under Section 97 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB) can preclude a partitio...
OGH on Redemption of First Refusal
ZivilrechtA redemption offer must provide the holder of the right of first refusal with at least a minimum of information necessary to decide whether to exercise this right, according to the case law of the Austrian Supreme Court (Oberster Gerichtshof, hereina...
Trespass: Demand Letters from Lawyers Only
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that businesses commercially assisting their clients in making out-of-court claims for trespassing constitutes an unjustified interference with lawyers’ right to represent c...
OGH on Real Estate Co-Ownership
Civil LawAccording to Section 829 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB), each co-owner is the full owner of their share. Each co-owner is entitled to use the property to the extent of their co-ownership share, provided that th...
OGH on Statute-Barred Claims
Civil LawThe limitation period for claims for damages has recently been addressed by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). The three-year limitation period pursuant to Section 1489 of the Austrian General Civil Code (Allgemeines ...
OGH on the Formation of Will in Owners’ Associations
Civil LawThe formation of will in an owners’ association may also consist of an act of will by the dominant majority owner, according to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). A prescription by the dominant majority owner (‘domina...
OGH on community property inter vivos
Civil LawIn the case of community property among living persons (inter vivos), one spouse has a legal claim to the registration of his or her co-ownership of the property of the other spouse covered by the community property. The termination of the community ...
OGH: Unrestricted freedom of use by co-owners in case of common areas
Civil LawFor unrestricted freedom of use (“Freiheitsersitzung”) according to Section 1488 of the Austrian General Civil Code (Allgemein Bürgerliches Gesetzbuch, ABGB), an obstacle has to be erected by the oppressing party, which makes the use of property perc...
OGH: "Airbnb jurisprudence" does not apply to persons entitled to use a flat
Civil LawAccording to the Supreme Court (Oberster Gerichtshof, OGH), only flat owners can defend themselves against the inappropriate rental of neighbouring flats on "Airbnb" & Co. Mere authorised users are not entitled to do so. The defendant rented out some...
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