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Überbau- und Unterbaurechte

English translation: (public planning or privately covenanted) rights to build over and below land

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Überbau- und Unterbaurechte
English translation:(public planning or privately covenanted) rights to build over and below land
Entered by: xxxAdrian MM.
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07:45 Jul 9, 2008
German to English translations [PRO]
Law/Patents - Real Estate
German term or phrase: Überbau- und Unterbaurechte
Es geht um die mit einer Dienstbarkeit abgesicherten Rechte, auf das dienenden Grundstück über die Grenze hinweg zu bauen.
Die zu bauenden Gebäude sind sowohl oberirdisch als auch unterirdisch (Tiefgarage) gelegen.
Henning Holthusen
Philippines
Local time: 08:34
(public planning or privately covenanted) rights to build over and below land
Explanation:
Not clear to me whether these right granted by a private contract e.g. covenant in a deed or by virtue of public planning policy: local land charge/Baulast) in favour of the Local Authority or Highway Authority etc.

Anyway, the right to build below land would be virtually redundant in the UK, as most structures need to be built on underground foundations.

Even an underground garage would be covered by the Eng. Common law rule of the right to excavate and dig right down into the subsoil and to the 'centre of the earth'.


Selected response from:

xxxAdrian MM.
Local time: 02:34
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
4(public planning or privately covenanted) rights to build over and below landxxxAdrian MM.
4entitllement to building on and below leased land (in the frame of appurtenant easement(Ellen Kraus


Discussion entries: 4





  

Answers


41 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
entitllement to building on and below leased land (in the frame of appurtenant easement(


Explanation:
ought to be the corresponding translation

Ellen Kraus
Austria
Local time: 02:34
Native speaker of: Native in GermanGerman
PRO pts in category: 37
Notes to answerer
Asker: Why leased? It's all owned land.

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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(public planning or privately covenanted) rights to build over and below land


Language variant: US/Can./UK

Explanation:
Not clear to me whether these right granted by a private contract e.g. covenant in a deed or by virtue of public planning policy: local land charge/Baulast) in favour of the Local Authority or Highway Authority etc.

Anyway, the right to build below land would be virtually redundant in the UK, as most structures need to be built on underground foundations.

Even an underground garage would be covered by the Eng. Common law rule of the right to excavate and dig right down into the subsoil and to the 'centre of the earth'.




Example sentence(s):
  • Planning rights' (PRs) implications for planning theory and practice are traced in several directions. One explores the complex planning process, ...
  • Without a contract or statutory authority no owner has a right to build his wall beyond his .... Dugro, 1 Duer 331, where A. covenanted with B., his vendee, ...

    Reference: http://plt.sagepub.com/cgi/content/abstract/6/2/112
    Reference: http://links.jstor.org/sici?sici=1558-3813(186711)16%3A1%3C8...
xxxAdrian MM.
Local time: 02:34
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 228
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Changes made by editors
Jul 25, 2008 - Changes made by xxxAdrian MM.:
Created KOG entryKudoZ term » KOG term
Jul 9, 2008 - Changes made by Steffen Walter:
Field (specific)Law (general) » Real Estate
Jul 9, 2008 - Changes made by Steffen Walter:
Language pairEnglish to German » German to English


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