Acquisition of a Non-Obvious Easement

An easement acquired either by long use (usucapion) or contractual agreement that is neither registered in the land register nor visibly apparent becomes extinguished upon the good-faith acquisition of the encumbered property.

It is important to note that § 1500 of the Austrian Civil Code (ABGB) protects only purchasers who acquire the property for consideration through a legal transaction.

According to the case law of the Austrian Supreme Court (OGH), there is an obligation to inspect the collection of deeds in the land register whenever the type of entry in the main register (land register extract) suggests that important supplementary provisions may be included in the underlying deed.

OGH ruling of 09.07.2024, 10 Ob 14/24t