Posts tagged #right of way
All PostsAustrian OGH: Emergency Right-of-Way Granted for Construction
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has issued a ruling authorising an emergency right of way to facilitate property development. The applicant is the owner of a property located in Vienna, which was previously utilised...
Municipal Right of Way Obtained through Adverse Possession
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has recently ruled that a municipality has gained a right of way to a ‘Marterl’ (wayside shrine) by adverse possession, and this right remains valid after a municipal merger. Well-known scenic si...
Austrian Supreme Court (OGH) on Irregular Easements
Civil LawA 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...
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: Same Rules for E-Scooters and Bikes?
Civil LawThe answer to the question of who has the right of way and who has to stop at a traffic-light controlled intersection lies in Section 38 of the Austrian Road Traffic Act (Strassenverkehrsordnung, hereinafter StVO). In the case at hand, at a traffic-l...
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