Surveying Office Gänserndorf

Our law firm has been in Austria since 1953 and has six locations.

Our lawyers for real estate law, land registry and cadastre will assist you in all legal matters before the surveying office Gänserndorf.

The discussion of your legal matter is also possible via video conference and telephone.

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Boundary Disputes

In the case of border disputes, there are several ways to resolve unclear, unrecognizable or disputed property boundaries:

Boundary Restoration by the VA Gänserndorf

Boundary restoration is a procedure for restoring unrecognizable or disputed property boundaries in accordance with § 40 of the Surveying Act (VermG). Boundary Restoration by the Surveying Office Gänserndorf takes place upon application by the owner on the basis of the documents of the boundary cadastre.

If there is a risk that boundaries 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 procedure for boundary restoration is carried out by the surveying office Gänserndorf initiated upon application by a property owner. This procedure must be carried out within one year from the date of application. For this purpose, the involved owners must be summoned to the official proceeding.

The restored boundary must be marked by the applicant in the manner prescribed by § 845 of the General Civil Code (ABGB).

Boundary Negotiations by the VA Gänserndorf

The boundary demarcation proceeding is a procedure for determining the boundaries of properties in accordance with §§ 24 and 25 of the Austrian Surveying Act (VermG). The goal of the boundary demarcation proceeding is to consensually determine the boundaries among the affected property owners and to mark them for the subsequent survey.

The owners involved are invited by the surveying office Gänserndorf on 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 who claims that the boundary does not match the existing boundary course is requested by the surveying office Gänserndorf to initiate legal proceedings to resolve the boundary dispute within six weeks.

Surveying and Entry in the Boundary Cadastre

At the request of the owners involved, after the successful conclusion of the boundary negotiation by the surveying office Gänserndorf, the surveying and registration of the properties in 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 determine the last undisturbed state of possession. If this determination is successful, the boundary is then established accordingly. If the last undisturbed state of possession cannot be determined, the court may distribute the disputed area according to its equitable discretion, in accordance with § 851 ABGB.

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