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  3. Law: Contract(s)

libre de toute servitude

English translation: free from any encumbrance

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:libre de toute servitude
English translation:free from any encumbrance
Entered by: Maria Constant (X)

10:16 Aug 14, 2006
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: libre de toute servitude
From a contract in which Party A assigns rights to Party B:

"A garantit à B la jouissance entière et libre de toute servitude des droits cédés."

I'm familiar with "servitude" meaning a right of way on property but not with its use ("jouissance libre de toute servitude") in this context. My Navarre legal dictionary gives "encumbrance" as a translation, though again in a real estate context. Would "enjoyment free of encumbrance" be appropriate here?

Many thanks.
Sandra Petch
Local time: 08:18
free from any encumbrance
Explanation:
encumbrance is a claim or liability that is attached to property OR SOME OTHER RIGHT whereas an
easement is an interest in land owned by another person, consisting in the right to use or control the land.

Ref : Black's Law Dictionary

So yes I think encumbrance is better here than easement.

IMHO

Selected response from:

Maria Constant (X)
Local time: 08:18
Grading comment
Thanks very much for the confirmation Maria.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +6free from any encumbrance
Maria Constant (X)
4with no easements
Karen Marston


  

Answers


10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
libre de tout servitude
with no easements


Explanation:
I translate this as easement meaning rights of way, access or use

Karen Marston
United Kingdom
Local time: 07:18
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 15
Login to enter a peer comment (or grade)

13 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +6
libre de tout servitude
free from any encumbrance


Explanation:
encumbrance is a claim or liability that is attached to property OR SOME OTHER RIGHT whereas an
easement is an interest in land owned by another person, consisting in the right to use or control the land.

Ref : Black's Law Dictionary

So yes I think encumbrance is better here than easement.

IMHO



Maria Constant (X)
Local time: 08:18
Specializes in field
Native speaker of: English
PRO pts in category: 44
Grading comment
Thanks very much for the confirmation Maria.

Peer comments on this answer (and responses from the answerer)
agree  Anne J (X): Maria is right, it is the correct translation
6 mins
  -> Thanks Anne.
agree  Uma Hariharan: or with no encumbrances..
7 mins
  -> Thanks Uma.
agree  Neil Crockford
12 mins
  -> Thanks Neil.
agree  df49f (X): "free of encumbrance" (also confirmed by Gloss. Council of Europe)
18 mins
  -> Thanks df49f.
agree  Aisha Maniar
1 hr
  -> Thanks Aisha.
agree  Gina W: I like your original wording best
1 day 3 hrs
  -> Thanks gad.
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