Rank
Order of land register entries, which in a realisation case co-determines the distribution.
Rank describes the order of entries in the land register. In a realisation it affects the distribution of the realisation mass; but without a concrete land register review we do not say which rank an entry has in the individual case.
Simplifications like “always survives” or “always extinguishes” we do not derive; every rank question stays a matter of the file in the concrete proceeding.
Legal basis
- Procedural source: the specific auction file and current land register extract
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace a lawyer’s examination of the individual case.
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Land register
Public register of ownership, encumbrances and rights over real estate in Austria.
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Mortgage
Security right in rem that a creditor typically asserts by registration in the land register.
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Encumbrance
Collective term for rights in rem over a property (servitudes, real burdens, mortgages).
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Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
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