régulière et trentenaire

English translation: "covenant"

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 KudoZ activity Questions: 472 (8 open) (15 without valid answers) (7 closed without grading) Answers: 2 Barbados
Local time: 12:03

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: 18:03

Grading comment

Graded automatically based on peer agreement.
4 KudoZ points were awarded for this answer

Summary of answers provided

3 +2

"covenant"

Tony M

4 +1

servitude

Yolanda Broad

easement, servitude

Kika Capretti

lawful ownership over thirty years

Transflux (X)

on a regular thirty-year basis

Emérentienne

Answers

20 mins confidence:

servitude easement, servitude

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

Kika Capretti
Local time: 18:03
Native speaker of:

Italian
PRO pts in pair: 8

32 mins confidence:

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

Transflux (X)
Local time: 18:03
Native speaker of:

English
PRO pts in pair: 215

36 mins confidence:

régulière et trentenaire on a regular thirty-year basis

Explanation:
-

Emérentienne
France
Local time: 18:03
Native speaker of: French
PRO pts in pair: 320

1 hr confidence:

peer agreement (net): +2

régulière et trentenaire

"covenant"

Tony M
France
Local time: 18:03
Native speaker of:

English
PRO pts in pair: 15194

Grading comment

Graded automatically based on peer agreement.

171 days confidence:

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: 12:03
Native speaker of:

English
PRO pts in pair: 1551

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