Glossary entry

German term or phrase:

Nutzungsberechtigte

English translation:

grantee of an easement/right of user/licensee

Added to glossary by bap
Mar 28, 2004 10:34
20 yrs ago
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German term

Nutzungsberechtigte

German to English Law/Patents Law (general)
A contract between the owner of a plot and another party ("Nutzungsberechtigte"). The use and benefit of a certain device situated on this plot is granted to the latter and the contract regulates this relationship. Neither beneficiary (this is neither a will nor a trust nor does it resemble either)nor licensee (it's more than a license)seem suitable. Can anyone suggest a one or two-word equivalent in English?

Proposed translations

+2
18 mins
Selected

grantee of an easement/right of user

Easement: depends if a right of way is also granted.

As you will be aware, the difference between an easement and licence in Eng. land law is a fraught one and is - as far as I know - really unresolved: neighbour A lets neighbour B use A's swimming pool. Does B have 1. an easement i.e. right of way or 2. licence.

'... (5) That the grantee of said easement shall be liable to the board of water commissioners
for any damage to the waterworks system of the City of Saint Paul ...'
Peer comment(s):

agree writeaway : absolutely if it's about actually being able to walk across the property to get to the device. if it's about the actual use of the device itself, then no.
11 mins
Yes. The dichotomy must be easement v. licence. Usufruct is a Roman/Scots/Southern US law term and is only vaguely related to the Elizabethan Statute of 'Uses' 1601.
agree gangels (X) : as for the pool, why not 'right/permission of use? [Affirmative and/or appurtenant] easement is 'right of way'. 'Easements in gross' are commercially/government/utility owned.
3 hrs
Agree to to (revocable) right/permission of use. Problem is if A sells his property. What can B claim as? In GB, arguably as a grantee of a registerable legal or 'equitable' (informal) easement coupled with an (unregisterable) licence. Heavy, man, heavy.
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4 KudoZ points awarded for this answer. Comment: "Many Thanks. It turned out that this option was the most suitable one for my context in the end. However, I take Margaret's point, and her option may have worked also, but it does not seem possible to award points to more than one person! "
+1
7 mins

party/parties entitled to use

most common
Reference:

Dietl/Lorenz

Peer comment(s):

agree Jonathan MacKerron : or "entitled parties"?
40 mins
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+1
7 mins

usufructuary

a person who holds property by usufruct.

Nutzniesser = usufructuary or beneficiary
dict.leo.org

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Note added at 14 mins (2004-03-28 10:48:44 GMT)
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usufruct is defined as \"The right to utilize and enjoy the profits and advantages of something belonging to another....\"
Am. Heritage Dict.
Peer comment(s):

agree davidgreen : exactly, and I think Dr. Schlarb's suggestion also works here
27 mins
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5 hrs

use entitlement/limited use entitlement

I found plenty of google hits for use entitlement or limited use entitlement.
Hope this helps.
Content Provider: Professional Builder. Use Entitlement Contingencies in Contracts. Patrick L. O'Toole, Senior Editor. 06/01/2003. ...
http://www.housingzone.com/topics/pb/legislation/pb03fa018.a...
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+2
5 hrs

licensee

I know you said it isn't a licence, but in English law there is a second meaning, to quote Oxford Dict. of Law: '(in land law) Permission to enter or occupy a person't land for an agreed purpose' (an easement runs with the land, a licence doesn't).
The definition of 'license' (different spelling) in Black's Law Dictionary confirms this usage in U.S. law.
Peer comment(s):

agree KirstyMacC (X)
2 mins
agree Carolyn Fox
16 hrs
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