Takeover payment
Check the value determined by the expert and document the court deposit within two months after the award becomes final. The payment is added to the highest bid and distributed with it.
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Energy-supply easement in a judicial auction: takeover and payment after the award
When an energy-supply easement is taken over without credit after the award and how the payment is deposited and distributed under sections 200(1a) and 202.
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BRANDAUER Rechtsanwälte
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30 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
An easement serving energy supply through a connected network is subject to a special rule in a judicial auction. It is to be taken over without credit against the highest bid where the beneficiary irrevocably declares that the value determined by the expert will be paid and the easement is not already taken over without credit under another provision.
Section 202 of the Austrian Enforcement Code links the takeover payment to the award: it must be deposited with the court within two months after the award becomes final, added to the highest bid and distributed with it. This article covers only this special energy-supply easement rule.
Energy-supply easements and judicial auctions
Is the takeover payment properly prepared?
Classify the statutory scope, declaration and deposit for the specific easement.
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Statutory scope
First identify the purpose of the easement, its ranking and the beneficiary’s declaration. The special rule applies only to the statutory form of energy supply through a connected network.
Declaration and value
Keep the irrevocable declaration together with the expert valuation and the auction documents. The declaration is the statutory condition for this special treatment.
Clarify the declaration
Before distribution proceeds, clarify whether the required irrevocable declaration was made and which expert value applies. A general statement that the line should remain in place does not answer that statutory question.
Distribution fund
The deposited takeover payment is added to the highest bid and distributed with it. Participants should trace the court deposit and its inclusion in the distribution fund.
Late deposit
If the payment was not deposited on time, the enforcement court determines it of its own motion by order. The determined amount bears 4% interest, and after the order becomes final its recovery may be sought through enforcement.
Which energy-supply easement falls under the special rule?
Which energy-supply easement falls under the special rule?
Section 200(1a) of the Austrian Enforcement Code concerns easements serving energy supply through a connected network. If they are not already taken over without credit against the highest bid under another provision, the special rule additionally requires the beneficiary’s irrevocable declaration.
The purpose of the easement must therefore be established first. An ordinary right of way, residential right, real burden or general question about burdens is outside this specific rule.
Which declaration and value matter?
Which declaration and value matter?
The beneficiary of the easement must irrevocably declare that the value determined by the expert will be paid. The review therefore focuses on the beneficiary, the exact content of the easement and the value determined in the proceedings.
A general statement that the line must remain in place does not answer this statutory condition. Compare the declaration and the expert value with the land register, the auction authorisation and the auction conditions.
How is the takeover payment deposited after the award?
How is the takeover payment deposited after the award?
Under section 202(1), the amount payable for taking over the easement must be deposited with the court within two months after the award becomes final. The starting point is therefore the finality of the award, not merely the day of the auction.
The deposited amount is added to the highest bid and distributed with it. The proof of finality, the court deposit and the treatment in the distribution fund should be kept in one traceable record.
What happens if the deposit is late?
What happens if the deposit is late?
If the amount is not deposited on time, the enforcement court determines it of its own motion by order. The determined amount bears 4% interest.
After the order becomes final, recovery may be sought through enforcement before the enforcement court and carried out for the benefit of the distribution fund. Record the expiry of the period, the determination order and its finality separately.
Which documents belong in the review file?
Which documents belong in the review file?
For a reliable review, keep the land register extract, the easement deed, the auction conditions, the expert valuation, the beneficiary’s irrevocable declaration and proof that the award became final together.
After the award, also record when the two-month period ends, which court received the payment and whether it was included in the distribution fund. If the payment is late, add the determination order, 4% interest and proof of finality.
Review the takeover payment systematically
Separate takeover, deposit and distribution
Each step raises a separate statutory question.
| Step | Key question | Evidence |
|---|---|---|
| Scope | Does the easement serve energy supply through a connected network? | Easement deed and auction documents |
| Declaration | Did the beneficiary irrevocably declare payment of the expert value? | Declaration and expert valuation |
| Period | Was the amount deposited within two months after finality? | Proof of finality and court deposit |
| Distribution | Was it added to the highest bid and distributed with it? | Distribution documents |
| Late deposit | Is there a determination order if the payment was late? | Order, finality and interest calculation |
From title to distribution
Four decisive points in time
Place purpose, value, finality and deposit in the correct order.
- 01Easement01Easement
Establish purpose and content
Separate connected-network energy supply from other burdens.
- 02Valuation02Valuation
Secure value and declaration
Bring the expert value and irrevocable declaration together.
- 03Award03Award
Wait for finality
Calculate the two-month period only from finality.
- 04Court04Court
Prove deposit and distribution
Reconcile the takeover payment, highest bid and distribution fund.
Important: The two-month period under section 202 starts when the award becomes final. Record finality, the court deposit and distribution as separate steps.
FAQ
Common questions
Which easement is covered by the special rule? +
Section 200(1a) covers easements serving energy supply through a connected network that are not already taken over without credit against the highest bid under another provision.
Who must make the declaration about the value? +
The beneficiary of the easement must make an irrevocable declaration referring to the value determined by the expert.
When must the takeover payment be deposited? +
It must be deposited with the court within two months after the award becomes final.
What happens to the deposited amount? +
It is added to the highest bid and distributed with it.
What applies if the deposit is late? +
The enforcement court determines the amount by order of its own motion. It bears 4% interest, and after finality recovery may be sought through enforcement.
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Topics
Energy-supply easementJudicial auctionEOTakeover paymentDistribution of highest bid
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