Rank
Land-register priority of an entry, which must be distinguished from the statutory order of distribution.
Under section 29 GBG, the rank of an entry generally depends on when the application reached the land-register court. In distribution proceedings, section 216 EO adds a statutory order for the claims to be satisfied.
Review question: What is the registered rank of the specific right, which statutory preferences or filings must be considered, and how is the claim documented in the auction file? The rank of one register entry therefore establishes neither full satisfaction nor a blanket conclusion on survival or extinction.
Creditors compare the register and claim in the creditor file matrix and creditor hub. Buyers find the separate review of rank, encumbrance and auction conditions in the buyer hub and buyer checklist.
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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 permitting satisfaction from an asset if the secured obligation is not performed.
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Encumbrance
Collective term for burdens on a property whose treatment depends on the type of right, rank and auction file.
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Phone
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