Land Register
The land register is a public directory in which properties and their rights in rem are registered. These rights in rem include, for example
- the right of ownership,
- the right of apartment ownership,
- the right of lien,
- the building right,
- as well as easements and
- real burdens.
These rights can only be acquired by registering them in the land register.
The main register of the land register is responsible for recording land register entries. There is a file for each property, which is uniquely identified by a file number. This file is in turn divided into an A-sheet (property register), a B-sheet (ownership register) and a C-sheet (encumbrance register).
The land register application is the application to the competent district authority for the incorporation of the right of ownership of a property. The application is usually submitted electronically. A land register application must contain the following information:
- Indication of the land registry court (e.g. BG Neumarkt am Wallersee)
- Designation as “land registry matter”
- Designation of the land register file (e.g. EZ 350)
- Explanation of which right is to be entered in the land register (e.g. right of ownership)
- Personal data of the applicant and the person to be notified (e.g. Max Müller, born on 30.04.1983, resident in Seekirchen am Wallersee)
A number of documents must also be enclosed with the land register application. These include documents such as the purchase agreement, the power of attorney for transactions involving representatives or the tax office’s certificate of no objection, as well as land transfer authority approvals/declarations, proof of citizenship (or proof of EU/EEA citizenship) or any ranking decisions. These documents must generally be enclosed with the land register application in the original or in a certified copy.
Encumbrance Clearance
The release from encumbrances involves the deletion of rights in rem from the land register. All rights in rem that may encumber a property are entered in the encumbrance register (C-sheet). This can be, for example, a mortgage, a lien or real burdens and easements.
In a purchase agreement for a property, the seller usually undertakes to hand it over free of encumbrances. This means that the property/house/apartment is not encumbered by, for example, a loan or that a third party does not have a right of residence at the time of sale. The release from encumbrances must therefore take place before the buyer is re-entered in the land register.
