Bring priority and instrument together
Provide the extract, instrument and diary number as one file.
Insolvency proceedings
Land register entry after insolvency opening: review priority
Section 13 IO explained for owners and creditors assessing a land register entry after Austrian insolvency proceedings open.
Your insolvency law team
BRANDAUER Rechtsanwälte
Insolvency law, Salzburg and throughout Austria
We review the procedural status, contracts, payment records and security, then explain which legal question needs to be addressed next.
10 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Opening insolvency proceedings does not block every land register entry. For an entry or priority notice the decisive issue is the priority claimed by that entry.
Section 13 IO connects approval and completion with a priority date before the opening. The application, instrument and opening order therefore need to be reviewed together.
This article addresses that land register issue only. Enforcement, security and filing a claim follow separate rules.
Review the land register
Which records decide whether an entry can proceed?
Priority, instrument and opening date must be read together.
| Priority | Land register extract, diary number, application | Which date anchors the priority? |
| Legal basis | Agreement, order, consent | Which entry is requested? |
| Procedural stage | Opening order, land register notice | When did proceedings open? |
The land register court and the complete file remain decisive in the individual matter.
Priority review
Is priority secured before insolvency opened?
The check orders the key records. It does not replace a review of the land register file.
Discuss the specific matter with the firm.
Is there an instrument or application with a priority date before the opening of insolvency proceedings?
Your answers
Review the documents
Clarify the priority date
Review application receipt and the priority note in the land register file.
Complete the land register file
A current extract may not contain every record needed for priority.
Review the decision and reasons
Read the rejection or hold together with the application and priority date.
Section 13 IO connects the entry with priority
Section 13 IO connects the entry with priority
Section 13 IO permits entries and priority notices after opening if their priority follows from a date before the opening. It is a priority rule and not a general approval for every entry.
Three dates must be kept apart: receipt of the application, the priority date and the opening of proceedings.
Read the instrument and land register file together
Read the instrument and land register file together
An agreement alone does not show how the application was handled. A current extract may also be incomplete where priority follows an earlier filing.
Secure the instrument, diary number, application and relevant order. For real estate also check whether further entries or notices affect the priority.
Keep security and enforcement separate
Keep security and enforcement separate
A land register entry may relate to security or an acquisition. Section 13 IO alone does not answer whether a secured right exists or enforcement may proceed.
Record those questions separately. This makes clear whether the issue is the priority of an entry or the economic enforcement of a claim.
Prepare the file for legal review
Prepare the file for legal review
Create a table with receipt, priority date, opening date, requested entry and current decision.
If the land register court rejected or deferred the application, add the complete order and service record.
Do not treat every entry alike: Section 13 IO protects only the statutory priority position. The application, instrument and opening date must match.
FAQ
Common questions about land register entries
Can an entry still be completed after opening? +
It may be possible under Section 13 IO if priority follows from a date before opening. The complete land register file decides.
Is an extract enough? +
An extract is an important starting point. Priority usually also requires the application, instrument and diary number.
Does an entry automatically create a secured right? +
No. Priority and registration must be distinguished from the underlying security and its enforcement.
Topics
Land registerInsolvency openingPriorityReal estate
Would you like us to review a claim, owned goods or a decision in a business crisis?
Tell us your role, the business concerned and the procedural status. We respond within one business day.
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
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