povlasna nekretnina

English translation: benefited property

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Croatian term or phrase:povlasna nekretnina
English translation:benefited property
Entered by: Andreja Ciković

19:14 Mar 23, 2018
Croatian to English translations [PRO]
Law/Patents - Real Estate / nekretnine
Croatian term or phrase: povlasna nekretnina
http://www.gradnja.org/pojmovnik/710-sluznost-puta-i-povlasn...

Stvarna služnost je pravo vlasnika određene nekretnine (povlasna nekretnina) da se za potrebe te
nekretnine na određeni način služi nečijom nekretninom (poslužna nekretnina), čiji vlasnik to mora trpjeti ili mora propuštati određene radnje glede svoje nekretnine.

Poslužna može biti servient, no što je povlasna?
Andreja Ciković
Croatia
the benefited property / land
Explanation:
poslužna nekretnina = Burdened Property

povlasna nekretnina = Benefited Property


Facts of Kennerley v Beech

The main issue in Kennerley v Beech was a boundary dispute, but the parties were also in contention over a right of way. The right of way, which was on foot only, had been reserved by a conveyance from 1954. On its face, it was not limited to a particular period of time, nor by reference to any stated purpose. However, the court found that its purpose was to allow the tenant of the owner of the benefited land at the time of the grant to access a kitchen garden.

The path over which the right of way was granted did not, in fact, give access directly to the garden. Instead, from the end of the path, the tenant then had to pass across another part of the burdened land. No right of way had been reserved over this part of the burdened land, and so the tenant's access across this area would have depended on a licence from the owner.

https://www.lexology.com/library/detail.aspx?g=fcd2bac3-e200...

https://www.google.co.uk/search?q=Burdened and Benefited Pro...
Selected response from:

Daryo
United Kingdom
Local time: 08:04
Grading comment
Hvala!
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2dominant estate, dominant tenement
Miomira Brankovic
5 +1the benefited property / land
Daryo


  

Answers


2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
the benefited property / land


Explanation:
poslužna nekretnina = Burdened Property

povlasna nekretnina = Benefited Property


Facts of Kennerley v Beech

The main issue in Kennerley v Beech was a boundary dispute, but the parties were also in contention over a right of way. The right of way, which was on foot only, had been reserved by a conveyance from 1954. On its face, it was not limited to a particular period of time, nor by reference to any stated purpose. However, the court found that its purpose was to allow the tenant of the owner of the benefited land at the time of the grant to access a kitchen garden.

The path over which the right of way was granted did not, in fact, give access directly to the garden. Instead, from the end of the path, the tenant then had to pass across another part of the burdened land. No right of way had been reserved over this part of the burdened land, and so the tenant's access across this area would have depended on a licence from the owner.

https://www.lexology.com/library/detail.aspx?g=fcd2bac3-e200...

https://www.google.co.uk/search?q=Burdened and Benefited Pro...

Daryo
United Kingdom
Local time: 08:04
Works in field
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
PRO pts in category: 4
Grading comment
Hvala!

Peer comments on this answer (and responses from the answerer)
agree  Natasa Ikodinovic
2 days 8 hrs
  -> Hvala!
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2 days 5 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +2
dominant estate, dominant tenement


Explanation:
An easement gives its holder a nonpossessory interest in someone else’s real property. The land that is burdened by an easement is known as the servient estate, and the land that is benefited is the dominant estate.
https://www.pulgininorton.com/dominant-and-servient-estates....

One piece, the dominant estate or tenement, is the land that is benefited by the easement. The other piece, known as the servient estate or tenement, is the land that has the burden of the easement.
West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.

The land benefited by the existence of this right is referred to as the dominant tenement while the neighbouring land burdened with this right is known as the servient tenement.
Collins Dictionary of Law © W.J. Stewart, 2006
https://legal-dictionary.thefreedictionary.com/easement


Miomira Brankovic
Serbia
Local time: 09:04
Native speaker of: Native in SerbianSerbian
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
agree  Daryo: more a US variant - although they also use "benefited / burdened" in the explanation.
1 day 15 hrs
  -> Thanks.

agree  GILOU
3 days 2 hrs
  -> Thanks.
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