When a harbour gets a new owner, this often leads to uncertainty among tenants and berth holders. In Austria, an entire lake has now experienced this, causing great excitement. All contracts were cancelled unexpectedly - by post and without any explanation.
It is the Mondsee, Austria's fourth largest lake with an area of around 14 square kilometres. Together with Attersee, Traunsee and Wolfgangsee, it is located in the scenic Salzkammergut region, just half an hour's drive from Salzburg.
Schools and clubs are affected
Lake Mondsee is a popular recreational and holiday area. This is why sailing schools and clubs, such as the Schwarzindien Sailing Club and the Union Yacht Club Mondsee, are among the tenants along its shores. These are also affected by the current developments.
The mayor of St. Lorenz explained on ORF that although water sports on the lake are a "general right", the use of the shore by "buoys, jetties and huts anchored in the lake bed" is not.
Shore utilisation not a general right
However, he clarified, activities on Lake Mondsee are still possible. There is a "general right" for swimming, sailing, surfing, diving and boating. Only tenants of buoys, jetties and huts that are anchored in the lake bed are affected by the planned cancellations.
According to Austrian media reports, the previous owner had already transferred the Mondsee to her daughter last year. The latter has now informed the tenants in writing that she intends to make use of her special right of cancellation. However, observers have also pointed out that the process itself is not unusual when transferring to new ownership.
Statement from the owner
The procedure of sending the unambiguous cancellation letters, which prohibit further use without "express legal or written permission", without prior notice or an explanation of intentions or further action, initially raised unanswered questions. At the beginning of August, however, the heiress Anna Mathyl published a Statement on the website of her lake administration. It states that the future of the lake, which has been in the family for centuries, is very important to her. Her aim is to manage the land in an economically and ecologically sustainable way. "We are currently in an orderly process to reorganise the existing leases and tenancies. [...] The clarification of existing contractual relationships and utilisation is [...] necessary from time to time and also serves to clarify any open issues and legal questions." Nevertheless, the following paragraph raises hope for tenants, some of whom have been managing water properties on Lake Mondsee for generations: "The existing relationships will be continued as far as possible and will be awarded on economically viable and fair terms.".
Use of the water area still possible
It was particularly important to her to clarify that the entire water surface of Lake Mondsee was subject to so-called "public use", which would remain unaffected by the transfer of the affected properties to her. In plain language, this means that non-commercial uses of the water area, such as swimming, will remain possible in the future. "Any additional uses of my land and lake areas must be agreed accordingly in order to be consistent with the overall utilisation concept of the entire area." The statement does not go into detail about what exactly this "overall utilisation concept" looks like and whether it also provides for the preservation of various boat clubs and sailing schools that are dependent on new leases for the use of their infrastructure, jetties and boathouses.
Increase in rent as a reason for cancellation
The reason for the cancellations is believed to be the corresponding price adjustments to the lease for the 150 buoys and jetties affected. Previously, these had been significantly lower than those of comparable lakes. In her statement, the new owner also announces a possible measure that is to be financed with the higher income: "I am also committed to ensuring that Lake Mondsee is managed in a nature-friendly manner in future: For example, the new contracts stipulate, among other things, that new bottom-friendly buoy moorings will be used to protect the sensitive lake bed."
