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herrschvormerk

English translation: dominant tenement recording

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:herrschvormerk
English translation:dominant tenement recording
Entered by: Beate Boudro
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11:14 Jun 10, 2002
German to English translations [PRO]
Law/Patents / property law
German term or phrase: herrschvormerk
Herrschvormerk: Die Grunddienstbarkeiten sollen jeweils im Grundbuch des herrschenden Grundstücks bzw. Erbbaurechts eingetragen werden.... Then later:Der Herrschvermekr soll eingetragen werden.

Is Herrschvermerk the same as Vorbemerkung? Priorty notice?
AmiHH
Germany
Local time: 14:38
dominant tenement recording
Explanation:
"Herrschvermerk" is the recording of the dominant tenement in the land registry of the real property for the benefit of which the easement exists.

It is not the equivalent of a "Vormerkung".

Selected response from:

Beate Boudro
United States
Local time: 06:38
Grading comment
Thanks for the explanation, which I believe is correct. I still haven't found an English equivalent in English documents, but I am sure registration or recording of the dominant tenement will do....definitely not a Vormerkung, which is a priority notice.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3dominant tenement recordingBeate Boudro
5prevalence noteAdalbert Kowal
4 +1Sovereignty reservation:xxxbrute
4right of dominance entry?
Kim Metzger


Discussion entries: 2





  

Answers


15 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Sovereignty reservation:


Explanation:
Basic property obligations shall in each case be registered at the land registery of such sovereign property e.g. inheritable building rights....

xxxbrute
PRO pts in pair: 255

Peer comments on this answer (and responses from the answerer)
agree  allemande: Good choice! see also: http://www.dnoti.de/Report/rep2301.htm
1 hr
  -> Thanx, Allemande!
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28 mins   confidence: Answerer confidence 5/5
prevalence note


Explanation:
The "prevalence note" means, that servitudes have to be noted for the "prevailing" lot of land in the land registry, i.e. not necessarily for a partition of it.
I hope this helps.

Adalbert Kowal
Local time: 14:38
Native speaker of: Native in GermanGerman
PRO pts in pair: 50
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
right of dominance entry?


Explanation:
Romain translates Herrschrecht domain or as right of dominance, ownership right (lebenslängliches an einem Grundstück).
According to the Duhaime law dictionary, dominant tenement might also apply here.

Easement
A right of passage over a neighbor's land or waterway. An easement is a type of servitude. For every easement, there is a dominant and a servient tenement. Easements are also classified as negative (which prevents the servient land owner from doing certain things) or affirmative easements (the most common, which allows the beneficiary of the easement to do certain things, such as a right-of-way). Although right-of-ways are the most common easements, there are many others such as rights to tunnel under another's land, to use a washroom, to emit smoke or fumes, to pass over with transmission towers, to access a dock and to access a well.


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Note added at 2002-06-10 14:02:15 (GMT)
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Romain: Herrschaftsrecht, not Herrschrecht


    Reference: http://www.duhaime.org/dict-e.htm
Kim Metzger
Mexico
Local time: 07:38
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 21825
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3 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +3
dominant tenement recording


Explanation:
"Herrschvermerk" is the recording of the dominant tenement in the land registry of the real property for the benefit of which the easement exists.

It is not the equivalent of a "Vormerkung".



Beate Boudro
United States
Local time: 06:38
Native speaker of: Native in GermanGerman
PRO pts in pair: 253
Grading comment
Thanks for the explanation, which I believe is correct. I still haven't found an English equivalent in English documents, but I am sure registration or recording of the dominant tenement will do....definitely not a Vormerkung, which is a priority notice.

Peer comments on this answer (and responses from the answerer)
agree  smtaylor
2 hrs

agree  gangels: correct you are
4 hrs

agree  DPS
16 hrs
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