Austria: Right of first refusal on part of the property – what happens if the entire property is sold?

 

In the case at hand, a right of first refusal on nine of a total of thirteen plots of land in a property was entered in the land register of the entire property. The property owner sold the entire property and therefore asked himself the legal question of how the right of first refusal to nine out of thirteen properties is to be assessed in the event of a sale of the entire property.

The Supreme Court has ruled that this right of first refusal does not hinder the sale of the entire property and that the encumbrance of the right of first refusal, which is registered on the entire body of the land register and not only on the part to which the exercise of the right relates, remains. The property could therefore be sold in its entirety, but while retaining the right of first refusal on nine of thirteen plots.

OGH 02.04.2024, 5 Ob 211/23z

 

For further information, please contact:

Harald Kronberger, Partner

Zumtobel Kronberger Rechtsanwälte OG, Salzburg

e: kronberger@eulaw.at

t: +43 662 624500

 

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