What is Encumbrance?

A limitation on property rights benefiting another property owner.

Key Facts — Encumbrance

Registered in Grundbuch
Benefit real property
Run with the land
Transferable with property
Must be registered to bind third parties

Dienstbarkeiten are charges on real property in Austrian law.

They benefit adjacent or nearby properties, not individuals.

Common examples include right of way and water rights.

Automatically transfer with the benefiting property.

Cannot burden a person, only real property.

Common Mistake: People sometimes confuse personal obligations with property encumbrances.

Expert Tip: Before buying Austrian property, obtain a complete list of all encumbrances from the Grundbuch extract.

Frequently Asked Questions

How long do encumbrances last?

Until formally removed by agreement or legal action.

Can I remove an encumbrance?

Only with agreement from the benefiting property owner.

How are they established?

By contract registered in the Grundbuch or by operation of law.

→ Read our full guide: Guide To Lawyers In Austria

AvökatFinder Editorial Team Legal glossary editors — expat legal terms across 41 European countries

This glossary entry is produced by the AvökatFinder editorial team and reviewed for accuracy. It is for informational purposes only and does not constitute legal advice. Always consult a qualified lawyer in Austria for advice specific to your situation.

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