Declaration of Registration Consent (Aufsandungserklärung)
The seller's express consent to the registration of the buyer's ownership right (the intabulation clause), without which registration cannot be granted.
The declaration of registration consent is the core of every registrable purchase deed. Without it the land registry court cannot grant registration of title, because the consent of the registered owner to the entry is missing.
Typically the seller expressly consents that the buyer's ownership right may be registered. The signature under the declaration must be authenticated by a court or a notary.
Legal basis
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 advice in an individual case. The specific circumstances of your property purchase are always decisive.
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Registration of Title (Einverleibung)
The unconditional entry of a right in the land register; through it ownership or another right in rem is definitively acquired.
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Land Register
The public register of land and the rights attached to it, kept by the district courts; it enjoys public faith, so a good-faith buyer may rely on its contents.
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Escrow Agent (Treuhänder)
An independent person of trust (usually a lawyer or notary) who holds the purchase price and releases it only once the agreed safeguards are in place.
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.
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000