Expectant Right (Anwartschaft)
The secured legal position of the buyer between conclusion of the contract and registration, from which the acquisition of ownership can no longer be unilaterally frustrated.
Where the buyer already holds a valid title and the essential steps towards registration have been taken, his position strengthens into an expectancy. This is secured above all by the priority ranking notation, which reserves the rank against later entries.
The expectant right protects the buyer during the critical period against double sales or new mortgages. Decisive is the register rank: whoever notes earlier prevails (priority principle).
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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Priority Ranking Notation
A land register notation that secures the rank for a future sale or pledge; it reserves the order of entries for one year.
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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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Condition Precedent
A contractual provision under which the effects of the purchase contract arise only once a future uncertain event occurs.
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Mortgage / Lien (Pfandrecht)
A right in rem securing a debt against the property; it entitles the creditor to satisfy the claim from the land if the debtor fails to pay.
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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Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000