Posts tagged #servitude
All PostsAustrian 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 title to an easement is, in principle, a contract that can be concluded not only by express agreement but also by an implied agreement within the meaning of Section 863 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ...
OGH Ruling on Snow Dump Easement
Civil LawEssentially, exercising a particular right is required for the usufruct of a right over another person’s property. This must be apparent to the owner of the encumbered property; however, it does not depend on the owner’s positive knowledge thereof. T...
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...
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...
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