Jan 5, 2011 14:40
13 yrs ago
2 viewers *
German term
Unterlassungsdienstbarkeit
German to English
Law/Patents
Real Estate
This is part of a text relating to property / laws in the UK regarding property. Any ideas?
Die Grunddienstbarkeiten (easements) in Form einer Duldungsdienstbarkeit, z. B. in Form eines Wege- oder Leitungsrechts, oder einer Unterlassungsdienstbarkeit
Die Grunddienstbarkeiten (easements) in Form einer Duldungsdienstbarkeit, z. B. in Form eines Wege- oder Leitungsrechts, oder einer Unterlassungsdienstbarkeit
Proposed translations
(English)
5 +1 | restrictive covenant | alec_in_France |
4 +1 | negative easement | adamgajlewicz |
4 | negative easement | mary austria |
3 | restriction on use | Paul Merriam |
3 -1 | Failure/Omission of Easement | Andrew Bramhall |
References
Restrictive covenant | AllegroTrans |
Proposed translations
+1
3 hrs
Selected
restrictive covenant
This is the normal English expression (at least in the UK) that we have left unchanged in the soon-to-be published 4th edition of the Immobilien Zeitung "Wörterbuch Immobilienwirtschaft".
Example sentence:
A restrictive covenant prevents the property being used as a betting shop
2 KudoZ points awarded for this answer.
Comment: "Thanks for your help - I have spoken to a UK lawyer friend and he confirms that this is the term that is used in most cases"
-1
40 mins
Failure/Omission of Easement
http://en.wikipedia.org/wiki/Easement
Easement being the legal term for allowing passage across anothers' land or property to one's own property or land.
Duldungsdienstbarkeit would be toleration or sufferance of such a state of affairs.
Easement being the legal term for allowing passage across anothers' land or property to one's own property or land.
Duldungsdienstbarkeit would be toleration or sufferance of such a state of affairs.
41 mins
restriction on use
The URL below goes to a court decision concerning an Unterlassungsdienstbarkeit (in this case, a prohibition against selling beverages).
Peer comment(s):
neutral |
AllegroTrans
: It's not a Court decision here, it's a legally binding covenant that burdens the land
4 hrs
|
20 hrs
negative easement
By contrast to an affirmative easement.
Just enter "easement" into Wikipedia and you'll find a list of the most common types of easement and explanations thereto.
An affirmative easement is the right to use another's property for a specific purpose, while a negative easement is a restriction the right to prevent an otherwise lawful activity on another's property.
For example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an affirmative easement from B.
Conversely, a negative easement might restrict B from blocking A's mountain view by putting up a wall of trees. A has a negative easement from B.
Grüße!
Just enter "easement" into Wikipedia and you'll find a list of the most common types of easement and explanations thereto.
An affirmative easement is the right to use another's property for a specific purpose, while a negative easement is a restriction the right to prevent an otherwise lawful activity on another's property.
For example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an affirmative easement from B.
Conversely, a negative easement might restrict B from blocking A's mountain view by putting up a wall of trees. A has a negative easement from B.
Grüße!
Peer comment(s):
agree |
adamgajlewicz
: I absolutely agree with your answer which popped up before I had a chance to see it. I published my answer without seeing yours. I am going to leave mine so as to reaffirm yours.
3 hrs
|
Thanks, Adam! (Meant to write that here.)
|
|
disagree |
AllegroTrans
: a "negative easement" in English law is a restrictive covenant - practically every dwelling house in England has several of these registered against it
1 day 3 hrs
|
+1
23 hrs
negative easement
I've done some research and found that the German term Unterlassungsdienstbarkeit derives from Latin: servitus quae in non faciendo consistunt, which, when translated into English, are the same as negative easements or passive servitudes. I have also established that the terms do exist in legal English. A negative easement is a type of easement that can be exercised to prevent the owner of a piece of land from using it. A negative easement might restrict B from blocking A's mountain view by putting up a wall of trees. A has a negative easement from B.
Reference comments
23 hrs
Reference:
Restrictive covenant
A restrictive covenant is a type of real covenant, a legal obligation imposed in a deed by the seller upon the buyer of real estate to do or not to do something. Such restrictions frequently "run with the land" and are enforceable on subsequent buyers of the property. In jurisdictions that use the Torrens system of land registration, restrictive covenants are generally registered against title.
(Source: Wiki)
(Source: Wiki)
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