Boundary Disputes Between Neighbors
Boundary Disputes between Neighbors
In Austria, in the case of boundary disputes, there are several ways to resolve unclear, unrecognizable, or disputed property boundaries:
- Boundary Restoration
- Boundary Proceeding
- Surveying and Entry in the Boundary Cadastre
- Judicial Renewal or Correction of the Boundary
Sebastian RiedlmairHarlander & Partner Attorneys „Grenzstreitigkeiten können zum dauerhaften Verlust von wertvollem Land führen.
Führen Sie daher ohne unsere Unterstützung keine Verhandlungen mit dem Nachbarn, dem Vermessungsamt oder dem Gericht.“
Boundary Restoration by the Surveying Office
Boundary restoration is a procedure for restoring unrecognizable or disputed property boundaries in accordance with § 40 of the Surveying Act (VermG). The restoration of the boundary by the Surveying Office is carried out upon application by the owner, based on the documents in the Boundary Cadastre.
If there is a risk that boundaries may become unrecognizable, or if boundaries are already unrecognizable or disputed, then boundary restoration involves the re-marking of an established boundary. A distinction is made between boundary renewal and boundary correction. Boundary renewal concerns the re-marking of an established boundary, while boundary correction involves establishing a correct boundary that corresponds to the legal situation.
The boundary restoration procedure is initiated by the Surveying Office upon application by a property owner. This procedure must be carried out within one year of the application date. The involved owners must be summoned to the official act.
The restored boundary must be marked by the applicant in the manner prescribed by § 845 of the General Civil Code (ABGB).
Boundary Proceeding by the Surveying Office
The boundary proceeding is a procedure for determining the boundaries of properties in accordance with §§ 24 and 25 of the Austrian Surveying Act (VermG). The objective of the boundary proceeding is to amicably establish the boundaries among the affected property owners and to mark them for subsequent surveying.
The involved owners are summoned by the Surveying Office to the site to determine and mark the course of the boundaries.
During the boundary proceeding, the course of the boundaries is amicably established by the attending owners, based on the available supporting documents (such as the land tax cadastre and plans), and marked in the manner prescribed by § 845 of the General Civil Code (ABGB).
If the owners cannot agree on the course of the boundary, the owner claiming that the boundary does not correspond to the existing boundary course will be requested by the Surveying Office to initiate judicial proceedings to resolve the boundary dispute within six weeks.
Surveying and Entry in the Boundary Cadastre
Upon application by the involved owners, after the successful conclusion of the boundary proceeding by the Surveying Office, the surveying and entry of the properties into the Boundary Cadastre can be carried out.
Judicial Renewal or Correction of the Boundary
If the boundary markers between two properties have become unrecognizable or the boundaries between neighboring owners are disputed, each neighbor additionally has the right to demand the judicial renewal or correction of the boundary in accordance with § 850 ABGB.
This is also possible without prior conduct of a boundary proceeding.
The court first attempts to ascertain the last undisputed state of possession. If this ascertainment is successful, the boundary will be determined accordingly. If the last undisputed state of possession cannot be ascertained, the court may distribute the disputed area according to § 851 ABGB at its equitable discretion.
Sebastian RiedlmairHarlander & Partner Attorneys „Wählen Sie jetzt Ihren Wunschtermin für ein kostenloses Erstgespräch via Videokonferenz oder Telefon aus:“
