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Secure deed of purchase transaction and investigation of properties, second homes and land use designations – We represent your interests throughout Austria - Law Experts Attorneys: Attorney Dr Wiesflecker, Attorney Mag. Gamsjäger

 

Observing the history, rights and charges over the property – Law Experts Attorneys Austria

The creation of a register of properties started in Austria during 18th century at the time of Maria Theresia. But even before that date there were various books and deeds that described land and property and documented their features. The fact that this legal history of properties goes back centuries in Central Europe alone means that a great deal remains buried in the history of many a property.

In the 20th and 21st centuries various building legislation and regulations resulted in building permits often being decades old and therefore it is often very difficult to assess whether a building actually meets the granted building permission or other conditions.

Investigating properties thoroughly and buying with peace of mind – Law Experts Attorneys Austria

An investigation of a property or building that has to be taken seriously therefore requires appropriate care to avoid serious difficulties that often only come to light years later.

Initial investigations of a property in most cases involve searching the land register together with any associated documents. The main book of the land register is divided into the land register folio (Folio A), title deeds (Folio B) and list of charges (Folio C). A number of older agreements often have to be examined to be able to assess a property’s actual legal title.

During the investigation the property’s past and rights that are entered in the land register and also any rights that may exist but do not appear in the register must be thoroughly researched. Rights of way or other utility easements, for example, which can only be identified during the course of a professional investigation of the property or even a visit to the property, are not uncommon. A serious investigation of a property or building therefore requires the requisite care in order to avoid any serious difficulties that often only come to light years later.

Has the property been developed or is it to be developed: these are building regulation, designated use and land use planning questions that have to be answered. A thorough search of the relevant records for the property concerned in the particular municipality is often essential.

Second homes, Secondary residences, land use designation in Seefeld, Kitzbühel, Lech, St. Anton am Arlberg, Sölden, Galtür or Serfaus – We can offer advice throughout Austria

In areas of the Alps used intensively for tourism, for example, Seefeld, Kitzbühel, Lech, St. Anton am Arlberg, Sölden, Galtür or Serfaus the question about the designated use of a property is often of key importance. The possibility of using a property as a second home often opens up unexpected possibilities for use and enhancing value.

Second homes, according to the statutory definition, refers to: ‘buildings, dwellings or other parts of buildings, which do not serve a residential need on which life revolves all year round, but are a place to stay during holidays, at weekends or for other temporary recreational use.’

In the very touristy areas mentioned above there are therefore regularly intensive discussions and also legal disputes about the extent to which further approvals should be granted for second homes, and whether existing second homes are actually being used legally.

Answering such legal questions, particularly if it is actually a second home or to what extent such a property may be legally acquired and reasonably used requires analysis by experts.

Your specialists in the field of property law / real estate law – Law Experts Attorneys Dr Wiesflecker and Mag. Gamsjäger, Tyrol & Vienna

His many years of experience in well-known, international corporate law firms and his specialisation in international contract law and civil law have provided Dr Hannes Wiesflecker with the relevant specialist knowledge and longstanding experience to be able to successfully handle property transactions.

As far as assessing questions about designated use, land use planning or second home usage is concerned, which is especially relevant in regions dominated by tourism, such as Kitzbühel, St. Anton, Seefeld, Lech or Sölden, Law Experts Attorneys have a proven expert in this field in Stefan Gamsjäger. Attorney Mag. Gamsjäger has more than 10 years’ experience as an administrative lawyer and deputy building authority supervisor in a Tyrolean district and therefore has relevant specialist knowledge in this important area in addition to having passed the Austrian Administrative Service exam.

As Attorneys at law with court experience we are best placed to assess to what extent contractual requirements will stand up before the highest courts, and how they have to be formulated. Well thought-out contracts with legally compliant content offer you the best protection from unpleasant surprises, compensation claims or legal challenges. Working out and implementing purchase agreements, contracts for gifts etc. is therefore an extremely responsible activity that demands the necessary experience and specialist knowledge.

Law Experts Attorneys have international experience and offices in Innsbruck, Telfs and Vienna. Our network of partners helps you to find and take the most effective route for your project.

Whether Seefeld, Kitzbühel, Lech, St. Anton am Arlberg, Sölden, Galtür or Serfaus, Law Experts Attorneys provide you with complete advice and support independently and objectively as part of a team throughout Austria on all matters concerning property purchases and contract law.

Our practices’ services at a glance:

  • Drafting and implementing deeds of purchase, gift contracts, barter agreements, donation agreements or property conveyancing agreements
  • Investigating and assessing all manner of contracts
  • Taking charge of trusteeships, self-assessment and payment of taxes
  • Preparing legal reports on questions of land use designation, land use planning or holiday accommodation
  • Making claims based on contracts or defending against any unjustified claims
  • Acting as your representative before the courts and authorities, both in and out of court

We are glad to provide you with comprehensive and expert advice. Law Experts Attorneys provide you with reliable legal services. Please click This email address is being protected from spambots. You need JavaScript enabled to view it. to write an e-mail to Law Experts Attorneys or call +43 512 586 586.

 

 

 

 

Mitglied von: Die österreichischen Rechtsanwälte, ÖGEBAU, Corporate INTL, GLOBAL LAW EXPERTS, LEGAL 500

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