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Nutzungsberechtigte

English translation: grantee of an easement/right of user/licensee

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Nutzungsberechtigte
English translation:grantee of an easement/right of user/licensee
Entered by: bap
Options:
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- Include in personal glossary

10:34 Mar 28, 2004
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: Nutzungsberechtigte
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?
bap
grantee of an easement/right of user
Explanation:
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 ...'
Selected response from:

xxxKirstyMacC
Local time: 19:32
Grading 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!
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2licenseeMargaret Marks
4 +1party/parties entitled to use
Robert Schlarb
3 +2grantee of an easement/right of userxxxKirstyMacC
4 +1usufructuary
Melanie Nassar
3use entitlement/limited use entitlement
Gisela Greenlee


  

Answers


7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
party/parties entitled to use


Explanation:
most common


    Dietl/Lorenz
Robert Schlarb
Local time: 20:32
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 31

Peer comments on this answer (and responses from the answerer)
agree  Jonathan MacKerron: or "entitled parties"?
40 mins
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7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
usufructuary


Explanation:
a person who holds property by usufruct.

Nutzniesser = usufructuary or beneficiary
dict.leo.org

--------------------------------------------------
Note added at 14 mins (2004-03-28 10:48:44 GMT)
--------------------------------------------------

usufruct is defined as \"The right to utilize and enjoy the profits and advantages of something belonging to another....\"
Am. Heritage Dict.

Melanie Nassar
United States
Local time: 21:32
Native speaker of: English
PRO pts in category: 23

Peer comments on this answer (and responses from the answerer)
agree  davidgreen: exactly, and I think Dr. Schlarb's suggestion also works here
27 mins
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18 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
grantee of an easement/right of user


Explanation:
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 ...'



    Reference: http://www.ci.stpaul.mn.us/code/lc098.html
xxxKirstyMacC
Local time: 19:32
Native speaker of: Native in EnglishEnglish
PRO pts in category: 188
Grading 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!

Peer comments on this answer (and responses from the answerer)
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: 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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5 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
use entitlement/limited use entitlement


Explanation:
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...


Gisela Greenlee
Local time: 13:32
Native speaker of: German
PRO pts in category: 25
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
licensee


Explanation:
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.

Margaret Marks
United Kingdom
Local time: 19:32
Native speaker of: Native in EnglishEnglish
PRO pts in category: 256

Peer comments on this answer (and responses from the answerer)
agree  xxxKirstyMacC
2 mins

agree  Carolyn Fox
16 hrs
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