Posts tagged #property law
All PostsAustrian OGH on Eviction Following Termination of Cohabitation
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) discussed when ex-partners are allowed to use real estate and explained in detail under what circumstances cohabiting partners can legally challenge a property’s owner for reasons oth...
OGH: Negative Easements Only Vacated as a Whole
Civil LawIn the absence of an agreement on any restrictions to the building ban, accepting a condition in breach of the building ban for more than three years will lead to loss of rights according to Section 1488 of the Austrian Civil Code (Allgemeines Bürger...
Vienna Court: Possessory Restoration Claims in Building Law
Civil LawOutside the core areas of Section 345 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB), a possessory claim for restoration according to Section 346 ABGB (analogously) is only to be recognised if its fulfilment does n...
OGH: Keep No Secondary Residence Use out of Land Register
ZivilrechtTolerations or prohibitions to which the owner of a servient property is subject must be related to property utilisation and not simply to the owner’s economic activities. Therefore, servitudes that only concern the obligatory use of a property may n...
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...
OGH on off-registry easements of divided properties
Civil LawIn the present case, the Supreme Court (Oberster Gerichtshof, OGH) examined a real estate dispute between two siblings concerning the existence of an easement. The father of the disputants was the owner of a property on which a single-family house ha...
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