Growth (property)

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In Austrian law, growth means the natural fruits of a property .

“The natural fruits of a land, namely such uses which it produces without being worked, as: herbs, sponges and the like, grow for the owner of the land, as do all uses that arise from an animal, the owner of the animal to."

- § 405 ABGB 1

The increment is immovable and therefore part of the property until it is used:

“Grass, trees, fruits and all useful things which the earth produces on its surface remain an immovable property as long as they have not been separated from the ground. Even the fish in a pond and the game in a forest only become a movable asset when the pond has been fished and the game has been caught or shot. "

- § 295 ABGB 1

The term thus corresponds to a general concept of growth as belonging to a thing in property law .

1 TheGeneral Civil Codecame into force in 1812 and is still literally legally valid today, despite the seemingly ancient language usage.

See also