GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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11:14 Jun 10, 2002 |
German to English translations [PRO] Law/Patents / property law | |||||||
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| Selected response from: Beate Boudro (X) United States Local time: 11:29 | ||||||
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Summary of answers provided | ||||
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5 +3 | dominant tenement recording |
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4 +1 | Sovereignty reservation: |
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5 | prevalence note |
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4 | right of dominance entry? |
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Discussion entries: 2 | |
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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.... |
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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. |
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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. -------------------------------------------------- Note added at 2002-06-10 14:02:15 (GMT) -------------------------------------------------- Romain: Herrschaftsrecht, not Herrschrecht Reference: http://www.duhaime.org/dict-e.htm |
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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". |
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