Prepare the entry
The devolution decision, shares and land-register extract must match.
Inheritance dispute
Land register after devolution: heirs’ entry and disputes over estate property
After devolution, heirs must align the land register, shares and dealings with the estate property.
Your contact
Mag. Bernhard Brandauer
Attorney · BRANDAUER Rechtsanwälte, Salzburg
Inheritance matters are handled by Mag. Bernhard Brandauer together with a coordinated team. We examine the will, compulsory portion, gifts and deadlines and tell you clearly where you stand.
31 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 27 July 2026
Devolution does not always end an inheritance dispute. For estate property, shares, the land register, encumbrances and intended use must fit together. Errors at this stage make sale, financing and division harder.
Devolution and land-register implementation are connected but not identical. This article shows which records and conflict points co-heirs should check before dealing with the property.
Succession assessment
Where is the land-register problem?
The assessment separates entry, encumbrances and joint dealings.
Already know you want to get in touch? Go straight to the enquiry form.
Where is the land-register problem?
The assessment separates entry, encumbrances and joint dealings.
All paths at a glance
Overview of all answers.
Check entry →
Reconcile encumbrances
Mortgages, easements and prohibitions may affect the solution.
Organise dealings among heirs
Before sale or use, the heirs need a clear common basis.
What devolution means for the land register
What devolution means for the land register
Devolution determines the succession under inheritance law. For practical dealings with real estate, the existing land-register entries and the required correction or entry must also be checked.
A land-register extract alone does not answer every succession issue. Conversely, an old entry should not be treated as final proof against the inheritance share without review.
Which records co-heirs should assemble
Which records co-heirs should assemble
The devolution decision, declarations of acceptance, land-register extract, purchase documents, mortgages and prohibitions should be kept together. Loans and leases may also affect the use decision.
The earlier the records are compared, the easier it is to identify contradictions, including different property descriptions, old encumbrances or inconsistent shares.
Do not confuse sale and use
Do not confuse sale and use
A sale requires different preparation from temporary use by one co-heir. Price, consent, possession, use compensation and distribution of proceeds belong in a separate agreement.
If the parties discuss only a sale while one co-heir continues to use the property, the central conflict may remain unresolved. A clear interim solution can make later division easier.
How to address an entry dispute
How to address an entry dispute
Where documents differ, establish the source of the contradiction first. Only then can the parties assess correction, application, agreement or court action.
A complete document file helps prepare the discussion with counsel. Further inheritance updates are available through the firm newsletter.
Claim and review
What must be reviewed separately
The main distinctions at a glance.
| Question | First record | Next review |
|---|---|---|
| Prepare the entry | Probate proceedings | The devolution decision, shares and land-register extract must match. |
| Reconcile encumbrances | Estate division and community of heirs | Mortgages, easements and prohibitions may affect the solution. |
| Organise dealings among heirs | Deadlines and documents check | Before sale or use, the heirs need a clear common basis. |
Inheritance disputes turn on the complete document chain. Broad assumptions about shares, value or liability often lead in the wrong direction.
Frequent questions
Land register after devolution: heirs’ entry and disputes over estate property
Are heirs automatically entered in the land register after devolution? +
Devolution and land-register implementation are separate steps. The actual register and required records must be checked.
Can one co-heir sell the estate property alone? +
That depends on legal position, entry, agreements and the particular transaction. A sole dealing is especially sensitive where there are several heirs.
What should be done with old encumbrances? +
Compare the land-register extract, instruments and underlying claim. An old entry should neither be ignored nor accepted without review.
Topics
Land registerDevolutionEstate propertyCo-heirsInheritance dispute
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
In inheritance law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
Contact
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000