Sharp Rise in ‘Possession Disturbance’ Cases in Vienna

Sharp Rise in ‘Possession Disturbance’ Cases in Vienna

Image: SN/ROBERT RATZER

 

The number of legal actions for disturbance of possession and trespass has sharply increased in Vienna over recent years, according to an ORF report.

In 2013, the Vienna Regional Court for Civil Matters recorded 1,657 such cases. By comparison, 3,032 cases were filed in 2022, with 2,869 recorded in the previous year.

These disputes often involve vehicles parked in seemingly empty spots or abandoned supermarket car parks. Under Austrian law, property owners can file a lawsuit if they are disturbed by a parked car – and it doesn’t take much to trigger a claim.

“A few seconds might not be seen as particularly disruptive. But if I park somewhere, in front of an exit, get out, and return after five minutes, I could already face a disturbance of possession claim,” explained Cornelius Riedl, a judge at the Favoriten district court.

In some cases, claimants demand hundreds of euros in compensation. For legal claiLms to be valid, private property must be clearly marked, though the specific form of signage is not strictly regulated.

There are reports of companies turning this legal process into a ‘business model,’ said Peter Weiß, Vice President of the Vienna Regional Court for Civil Matters. While this practice isn’t explicitly illegal, the court monitors for potential abuse.

“We have set clear legal boundaries to ensure that minor or typical disturbances can’t be successfully claimed as interference with property,” Weiß emphasised.

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