Nov 8, 2003 13:20
20 yrs ago
3 viewers *
French term

régulière et trentenaire

French to English Law/Patents deeds, conveyances
Hello All, it's me again. I'm translating a legal document and would appreciate confirmation of several terms I've found. As always, thanks in advance
Here's the first:
servitude - encumbrances?

Proposed translations

+2
1 hr
French term (edited): r�guli�re et trentenaire
Selected

"covenant"

Your question's a bit confusing! Maybe that's why the last one got deleted?

The idea of the 'servitude' encompasses several concepts, so the exact translation(s) you use will depend on the purpose of this document; if it is intended more for information than to have legal weight, you may find it useful to relate it to the English [UK] term 'covenant', used in real estate terms to mean 'some restriction etc. governing the use of a property'

'Servitude' in French also can include the sub-set that would be 'droit de passage' or 'right-of-way'

And the French make a big point of both negative AND positive covenants, something I've come across a lot less in English! For example, a given property may enjoy rights of access to water from another's well, etc.

HTH
Peer comment(s):

agree Iolanta Vlaykova Paneva
6 mins
Thanks, Kado! (only just found your comment)
agree sarahl (X)
626 days
Thanks, Sarah!
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4 KudoZ points awarded for this answer. Comment: "Graded automatically based on peer agreement."
20 mins
French term (edited): servitude

easement, servitude

is servitude the term you're looking for?
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32 mins

lawful ownership over thirty years

Glossary
... Possession trentenaire: The rule according to which one can become a property's
rightful owner simply by using it and taking care of it for thirty years, ...
shop.store.yahoo.com/poli-ana/glossary.html
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36 mins
French term (edited): r�guli�re et trentenaire

on a regular thirty-year basis

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Peer comment(s):

agree Abdellatif Bouhid
48 mins
disagree Tony M : No, it doesn't mean 'regularly every 30 years', it means 'not irregular' and 'thirty-year rule'
626 days
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+1
171 days
French term (edited): r�guli�re et trentenaire

servitude

According to Termium, Black's law dictionary has the following (and you can't get any more authoritative than Black's):

A charge or burden resting upon one estate for the benefit or advantage of another; a species of incorporeal right derived from the civil law [and] closely corresponding to the "easement" of the common-law, except that "servitude" rather has relation to the burden or the estate burdened, while "easement" refers to the benefit or advantage or the estate to
which it accrues. Source

EX – A servitude arises either from the natural position of the property, or from the law, or it is established by the act of man. Source

OBS – Reproduced from the Glosario Provisional de Términos Jurídicos with the permission of the United Nations Office at Geneva

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The Council of Europe French-English Legal dictionary, (F.H.S. Bridge, Council of Europe Publishing:F-67075 Strasbourg, 1994, reprinted 2002) also gives servitude, amongst a number of translations:

an encumbrance imposed on a tenement for the benefit of a tenement belonging to a different owner; easement; quasi-easement; profit à prendre (eg a right to take sand); restrictive or other covenant ["covenant" is the term proposed by Dusty] running with the land in rem; servitude; (in a wider sense) any restriction imposed on property in the public interest; obligation.

Note that the CoE then goes on to list 35 (!) kinds of "servitude", from "servitude administrative" (public servitude) to "servitude de voisinage" (right relating to adjacent property).
Peer comment(s):

agree Tony M : Nicely comprehensive and authoritative answer, Yolanda! A real help to me!
455 days
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