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Correction of the owner or authorized person for enforcement

You can apply for the entry of an actual rights holder in the land register if he or she has not previously been entered in the land register, even though he or she owns the right or property in the land register and you have, for example, an enforceable judgment against him or her.

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Detailed description

If you are a creditor of a claim, you can enforce the rights or property of your debtor in order to recover or secure your claim. For example, you can have a compulsory mortgage entered in the land register of your debtor or initiate a compulsory auction of the debtor's property.
However, this is only possible if your debtor and his rights are registered in the land register.
If your debtor is not registered in the land register, although he is entitled to the respective right or property, the land register is incorrect as a result of the non-registration of the entitled party.
If you have an enforceable title (a court judgment that allows you to enforce the debt) against the debtor, you can file an application for a correction of the land register.
This means that the debtor is registered as the legal owner or proprietor in the land register.
With his registration, enforcement against him can be continued.

 

Information

Prerequisites

  • Enforceable title against your (enforcement) debtor
  • Your written application (application of enforcement creditor)
  • The land register must be incorrect due to the lack of prior entry of the enforcement debtor with a right in rem (a debtor with a land register right).

Documents required

  • Written application of the enforcement creditor
  • Evidence that the land register is incorrect:
    • registration consent of the person concerned or
    • Submission of documents proving the inaccuracy of the land register (notarized documents or public documents)
  • Enforceable title against the unregistered debtor

Please note

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
Affordable legal advice for people with low incomes is provided by the   Public Legal Advice (ÖRA).

Deadlines

No

Procedure

  • Submit your application for land register correction to the land registry office of the local court in which the land register is kept.
  • Attach the required documents.
  • The land registry office will examine your application.
  • If necessary, it will request additional documentation.
  • If the requirements are met, your enforcement debtor will be entered in the land register and at the same time your enforcement measure will be entered (for example, compulsory security mortgage)

Processing time

depending on the workload of the responsible land registry office

Fees

Depending on the registration as owner or legal owner.

Legal remedies

In principle, an appeal can be lodged against any decision of the land registry office.

Legal basis

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Keywords: land register incorrect land registry enforcement enforcement in the land register land register correction

Last updated: 18.01.2025