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

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

Peer comment(s):

agree AllegroTrans
1 hr
Thanks Allegro!
agree Kim Metzger : From the horse's mouth.
8 hrs
Thanks Kim!
agree Albert Fischer (Dipl. Jur., LL.B., BDÜ) : Bingo!
15 hrs
Thanks Albert
disagree mary austria : The question concerns an easement, which is the right to use the real property of ANOTHER without possessing it. A "restrictive covenant" would most likely concern a rental agreement.
17 hrs
disagree adamgajlewicz : I agree with Mary..
20 hrs
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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.
Peer comment(s):

disagree AllegroTrans : Not about failure or omission at all
4 hrs
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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
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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!
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
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+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.
Peer comment(s):

agree mary austria : Thanks, Adam!
13 mins
Thank you, Mary.
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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)
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