Term
Superaedificate
The superaedificate is a building that (according to Section 435 of the General Civil Code (ABGB)) is constructed on third-party land with the intention that it will not remain there permanently. In contrast to the building right, the superaedificate is a movable object. The acquisition of ownership does not take place through registration as with the building right, but rather through the lodgement of a deed with the court. In addition to being registered in the “Building Card Index”, a superaedifcate is merely noted in the A2 page. The initial owner of a superaedificate acquires ownership through site management without the necessity to file a deed. For this reason, the existence of a superaedificate cannot always be seen in the land register.