Glossary entry (derived from question below)
German term or phrase:
herrschvormerk
English translation:
dominant tenement recording
Added to glossary by
Beate Boudro (X)
Jun 10, 2002 11:14
22 yrs ago
1 viewer *
German term
herrschvormerk
German to English
Law/Patents
property law
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?
Is Herrschvermerk the same as Vorbemerkung? Priorty notice?
Proposed translations
(English)
5 +3 | dominant tenement recording | Beate Boudro (X) |
4 +1 | Sovereignty reservation: | brute (X) |
5 | prevalence note | Adalbert Kowal |
4 | right of dominance entry? | Kim Metzger |
Proposed translations
+3
3 hrs
Selected
dominant tenement recording
"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".
It is not the equivalent of a "Vormerkung".
Peer comment(s):
agree |
smtaylor
2 hrs
|
agree |
gangels (X)
: correct you are
4 hrs
|
agree |
Petra Dr. Schmidt-Sarbutt
16 hrs
|
4 KudoZ points awarded for this answer.
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."
+1
15 mins
Sovereignty reservation:
Basic property obligations shall in each case be registered at the land registery of such sovereign property e.g. inheritable building rights....
Peer comment(s):
agree |
Barbara Lawson
: Good choice! see also: http://www.dnoti.de/Report/rep2301.htm
1 hr
|
Thanx, Allemande!
|
28 mins
prevalence note
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.
I hope this helps.
2 hrs
right of dominance entry?
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
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:
Discussion
Used when referring to easements to specify that property (i.e. tenement) or piece of land that benefits from, or has the advantage of, an easement.