Image: Symbolic photo: Andreas Mühlleitner
Acquisition is the acquisition of a right through years of unhindered exercise in good faith. For example, ownership of a movable or immovable property or an easement, such as a right to walk or drive, can be obtained. “Excluded from the seizure are sovereign or personal rights,” says Walter Müller, lawyer and partner in the Linz law firm Prof. Haslinger.
In practice, the seizure of ownership of land or easements is significant. Anyone who honestly, i.e. in good faith, assumes to be the owner of a property for 30 years actually acquires property after this period and can have it entered in the land register. If the property belongs to a municipality or a legal entity, it is 40 years.
According to Müller, this can be important, for example, if the purchase contract was not valid due to a lack of permits or if the property was sold by someone who was not the owner himself. Erosion can also come into play in agriculture.
According to Müller, anyone claiming possession must be honest. Doubts preclude good faith. However, honesty is presumed: This means that the respondent must prove that this is not the case.
“It also has to be proven in court that the right has been exercised for 30 years. If this is not successful, it will be at the expense of the usufructuary owner,” says Müller. In order to secure his right, the usufructuary owner should sue the person entered in the land register for consent to the entry of the property right in the land register and also have the claim noted in the land register.
You can also seize ownership of movable property: In addition to good faith, a title (e.g. a purchase contract) and a period of three years are required. If the title is missing, it is 30 years.
What about easements?
In addition, it is possible to acquire walking and driving rights on properties: Here, too, a 30-year bona fide exercise is required. For example, if hikers march across a property for 30 years or ski in the winter and the owner does not take action, the municipality will seize the hiking trail or ski run. The easement can be entered in the land register. Nothing changes in terms of ownership.
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