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servidumbre de luces y vistas

English translation: easement for light and view

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:servidumbre de luces y vistas
English translation:easement for light and view
Entered by: maryla
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01:48 May 9, 2002
Spanish to English translations [PRO]
Law/Patents
Spanish term or phrase: servidumbre de luces y vistas
Contexto: contrato de compraventa
maryla
easement of light and view
Explanation:
Diccionario de terminos juridicos, Enrique Alcaraz/Brian Hughes.

easement: the right or privilege of using something not one’s own; and specifically in Law, an entitlement to rights (e.g. right of way) over another’s land.

See: www.lawphil.net/judjuris/juri2000/ apr2000/gr_129471_2000.html

But if there are easements or other rights appurtenant to a parcel of registered land which for any reason have failed to be registered, such easements or rights shall remain so appurtenant notwithstanding such failure, and shall be held to pass with the land until cut off or extinguished by the registration of the servient estate, or in any other manner.

Hence, in Cid v. Javier, 31 it was held:

. . . Consequently, even conceding arguendo that such an easement has been acquired, it had been cut off and extinguished by the registration of the servient estate under the Torrens system without the easement being annotated on the corresponding certificate of title, pursuant to Section 39 of the Land Registration Act.

This principle was reiterated in Purugganan v. Paredes 32 which also involved an easement of light and view that was not annotated on the certificate of title of the servient estate.

Selected response from:

Sam D
Local time: 22:40
Grading comment
Gracias a todos por vuestros comentarios y sugerencias. Un saludo, Maryla
2 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3light and view easement
Henry Hinds
4 +1right of or to light, right of viewMargaret Doney
4 +1easement of light and viewSam D
4 +1Lighting and viewscape right of wayDonald Masterson
4servitude of light and view
Bill Greendyk


  

Answers


4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
servitude of light and view


Explanation:
Robb´s Dictionary of Legal Terms.

Saludos!

Bill Greendyk
United States
Local time: 17:40
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 527
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5 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
light and view easement


Explanation:
"Easement" in USA.


    Exp.
Henry Hinds
United States
Local time: 15:40
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in pair: 26512

Peer comments on this answer (and responses from the answerer)
agree  Dinorah Maria Tijerino-Acosta: Según el "Diccionario Jurídico" de Cabanellas y Hogue
1 hr
  -> Y según tu servilleta también... gracias por tu apoyo.

agree  Luis Rey Ballesteros (Luiroi)
2 hrs
  -> Gracias, Cumpa.

agree  Dr. Chrys Chrystello
6 hrs
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54 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Lighting and viewscape right of way


Explanation:
I believe a "right of way" is a better translation for servidumbre in this case. A right of way is often aquired through traditional use, although it can also be aquired by contract too.

Donald Masterson
Local time: 17:40

Peer comments on this answer (and responses from the answerer)
agree  Dick House
7 hrs
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
easement of light and view


Explanation:
Diccionario de terminos juridicos, Enrique Alcaraz/Brian Hughes.

easement: the right or privilege of using something not one’s own; and specifically in Law, an entitlement to rights (e.g. right of way) over another’s land.

See: www.lawphil.net/judjuris/juri2000/ apr2000/gr_129471_2000.html

But if there are easements or other rights appurtenant to a parcel of registered land which for any reason have failed to be registered, such easements or rights shall remain so appurtenant notwithstanding such failure, and shall be held to pass with the land until cut off or extinguished by the registration of the servient estate, or in any other manner.

Hence, in Cid v. Javier, 31 it was held:

. . . Consequently, even conceding arguendo that such an easement has been acquired, it had been cut off and extinguished by the registration of the servient estate under the Torrens system without the easement being annotated on the corresponding certificate of title, pursuant to Section 39 of the Land Registration Act.

This principle was reiterated in Purugganan v. Paredes 32 which also involved an easement of light and view that was not annotated on the certificate of title of the servient estate.



Sam D
Local time: 22:40
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 131
Grading comment
Gracias a todos por vuestros comentarios y sugerencias. Un saludo, Maryla

Peer comments on this answer (and responses from the answerer)
agree  Margaret Doney: although I believe "easement for light and view" is the more common wording
9 hrs
  -> Thanks!
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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
right of or to light, right of view


Explanation:
Easement of light and view is correct, but here`s another option you can use as well.

Re my comment on the answer above, I spoke too soon; looks like - easement of - is commonly used. Sorry, Sam.

Margaret Doney

Peer comments on this answer (and responses from the answerer)
agree  Sam D: No problem - I think they're both used
40 mins
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