When a harbour is transferred to a new owner, uncertainty often arises for tenants and berth holders. In Austria, an entire lake has now changed hands and the excitement is correspondingly high - especially as the cancellation of all contracts was announced in one fell swoop. And this was done exclusively by post and without any further explanation.
This is not just any body of water: with an area of around 14 square kilometres, Lake Mondsee is the fourth largest in Austria. Together with Attersee, Traunsee and Wolfgangsee, it is located in the beautiful Salzkammergut region, just half an hour's drive from Salzburg.
Mondsee clubs also affected
It is a popular recreational and holiday area, which is why the tenants along the shore include sailing schools and clubs, the Schwarzindien Sailing Club and the Union Yacht Club Mondsee. They are also affected by the new development.
Although the mayor of the neighbouring municipality of St. Lorenz emphasised on ORF that water sports themselves 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 lake 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 surface 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."
Christian Tiedt
Editor Travel
Christian Tiedt was born in Hamburg in 1975, but grew up in the northern suburbs of the city - except for numerous visits to the harbor, North Sea and Baltic Sea, but without direct access to water sports for a long time. His first adventures then took place on dry land: With the classics from Chichester, Slocum and Co. After completing his vocational training, his studies finally gave him the opportunity (in terms of time) to get active on the water - and to obtain the relevant licenses. First with cruising and then, when he joined BOOTE in 2004, with motorboats of all kinds. In the meantime, Christian has been able to get to know almost all of Europe (and some more distant destinations) on his own keel and prefers to share his adventures and experiences as head of the travel department for YACHT and BOOTE in cruise reports.
