Purchase
by Brandauer RA
Checklist

Land register and encumbrances

The land register extract reveals what you are really buying. This checklist guides you through sections A, B and C so that no encumbrance or third-party right is overlooked.

The land register is divided into three sections: section A (property) describes the land, section B (ownership) names the owners, and section C (encumbrances) shows mortgages, easements and other burdens. Anyone buying should understand all three.

This checklist is a guide and does not replace an assessment of the individual case. It helps you read the extract in a structured way and to spot the points that can jeopardise the purchase.

Read the extract section by section. You can tick off each point; the status is stored on your device. Use the buttons to print or reset the list.

0 of 12 points done

01 Section A: check the property

This states which plots and what area belong to the property.

02 Section B: check ownership

Only the registered owner may sell.

03 Section C: check encumbrances

Section C decides whether you acquire unencumbered ownership.

What matters legally

The land register enjoys public faith: those who acquire in reliance on the register are protected (§ 1500 Austrian Civil Code). Mortgages and other rights in rem bind everyone and pass to the buyer unless deleted; an agreed release of encumbrances must therefore actually be carried out.

To secure your own rank, the annotation of ranking under §§ 53 et seq. of the Land Register Act matters. It reserves the rank for a fixed period and prevents the seller from registering new, higher-ranking encumbrances in the meantime. Which steps are needed depends on the specific register status.

This checklist is a general guide to the Austrian legal position (as of June 2026) and makes no claim to completeness or legal certainty. It does not replace advice in the individual case and is not a finished legal document.

BRANDAUER Rechtsanwälte
Your law firm

BRANDAUER Rechtsanwälte

Salzburg law firm for real estate, property and corporate law

Every matter is handled by a coordinated team of lawyers, legal staff and specialists. In property purchase matters we look at the contract, land register, escrow and tax consequences together.

Reviewing a contract, arranging escrow, securing handover?

When buying property, the contract and the land register decide. Call us directly or send an email, callback within one business day.

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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg