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régulière et trentenaire

English translation: "covenant"

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13:20 Nov 8, 2003
French to English translations [PRO]
Law/Patents / deeds, conveyances
French term or phrase: régulière et trentenaire
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?
Joy Lewis
Local time: 17:38
English translation:"covenant"
Explanation:
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
Selected response from:

Tony M
France
Local time: 23:38
Grading comment
Graded automatically based on peer agreement.
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +2"covenant"
Tony M
4 +1servitude
Yolanda Broad
4easement, servitude
Kika KKtranslate
3on a regular thirty-year basis
Emérentienne
3lawful ownership over thirty yearsxxxTransflux


  

Answers


20 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
servitude
easement, servitude


Explanation:
is servitude the term you're looking for?

Kika KKtranslate
Local time: 23:38
Native speaker of: Native in ItalianItalian
PRO pts in pair: 8
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32 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
lawful ownership over thirty years


Explanation:
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

xxxTransflux
Local time: 23:38
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 215
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36 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
régulière et trentenaire
on a regular thirty-year basis


Explanation:
-

Emérentienne
France
Local time: 23:38
Native speaker of: French
PRO pts in pair: 320

Peer comments on this answer (and responses from the answerer)
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 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
régulière et trentenaire
"covenant"


Explanation:
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

Tony M
France
Local time: 23:38
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 14078
Grading comment
Graded automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Iolanta Vlaykova Paneva
6 mins
  -> Thanks, Kado! (only just found your comment)

agree  xxxsarahl
626 days
  -> Thanks, Sarah!
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171 days   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
régulière et trentenaire
servitude


Explanation:
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

------

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).

Yolanda Broad
United States
Local time: 17:38
Native speaker of: English
PRO pts in pair: 1547

Peer comments on this answer (and responses from the answerer)
agree  Tony M: Nicely comprehensive and authoritative answer, Yolanda! A real help to me!
455 days
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