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Posts tagged #ownership

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A Trust Agreement by Itself Is Not Circumvention

Civil Law 

A sale of real estate to a company not governed by the Tyrolean Real Estate Transfer Act (Tiroler Grundverkehrsgesetz, hereinafter TirGVG) as a foreign entity is not deemed circumvention solely because the purchaser may provide a third-country nation...

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Austrian Supreme Court (OGH) on Irregular Easements

Civil Law 

A servitutem usus (right of use) can be established as an irregular easement, as can a servitutem fructus (right of fruition), provided that it is also connected with a more advantageous or convenient use of a property owned by the beneficiary and th...

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OGH: Easement for Condominium Access

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that condominium owners may not register an easement in the land register under which they grant each other an exclusive and perpetual right of use for access to their apart...

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