servidumbre personal de trascendencia real

English translation: easement in gross in the property

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:servidumbre personal de trascendencia real
English translation:easement in gross in the property
Entered by: Lisa Mann

14:01 Nov 11, 2006
Spanish to English translations [PRO]
Law/Patents - Real Estate / purchase option agreement
Spanish term or phrase: servidumbre personal de trascendencia real
This is about one of two properties included in the same purchase option agreement in Spain. Here is the context:

Sobre esta finca se constituirá – en escritura pública - una servidumbre personal de trascendencia real a favor de la mencionada XY, S.L que formará parte –como Anexo II- del presente contrato de compraventa con precio aplazado.
Lisa Mann
easement in gross in the property
Explanation:
"Servidumbre personal" is what is termed in English an "easement in gross", i.e., an easement that benefits a specific person, rather than "running with the land". Here the "de transcendencia real" simply means that this easement in gross (of a personal nature) has "transcendencia real", meaning that it affects the property in question.

An easement in gross is one that is attached to an individual person or legal entity rather than a parcel of real estate served by the easement. ...
en.wikipedia.org/wiki/Easement

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Note added at 3 hrs (2006-11-11 17:11:56 GMT) Post-grading
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To provide additional information as per muitoprazer's request:

There are basically two types of easements. The first are "easements appurtenant" that "run with the land", i.e., benefit a specific plot of land (called the dominant estate = "predio dominante" in Spanish) and burden another specific piece of land (the servient estate = "predio sirviente" in Spanish). An example would be a right of way across one piece of land (servient estate) to gain access to another one (the dominant estate). This right "runs with the land" and if a new owner purchases the dominant estate he also acquires the easement of access or right of way across the other property owner's land. This type of easement is called a "servidumbre real" in Spanish.

The second type of easements are "servidumbres personales", called "easements in gross" in English. They are defined in Black's Law Dictionary as "an easement benefitting a particular person and not a particular piece of land" and do not run with the land, i.e., a person who acquires the land does not have the benefit of that easement, only the person to whom the "easement in gross" was actually granted.

Actually this is quite clearly explained in the wiki reference as follows:

In the U.S., an appurtenant easement is one that belongs to the owner of the land that benefits from the easement, as compared to an easement in gross that is personal to holder of the easement and does not pass automatically to another person when the easement holder's property is sold and bought.

An easement in gross is one that is attached to an individual person or legal entity rather than a parcel of real estate served by the easement. This easement can be personal (like an easement to use one's boat ramp) or commercial (like an easement given to a railway company to build and maintain a rail line across one's property) in nature. In earlier times, easements in gross were considered neither assignable nor inheritable, but today, most courts hold that commercially-oriented easements in fee are freely alienable.
http://en.wikipedia.org/wiki/Easement
Selected response from:

Rebecca Jowers
Spain
Local time: 05:57
Grading comment
THANK YOU VERY MUCH!
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1easement in gross in the property
Rebecca Jowers


Discussion entries: 1





  

Answers


7 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
easement in gross in the property


Explanation:
"Servidumbre personal" is what is termed in English an "easement in gross", i.e., an easement that benefits a specific person, rather than "running with the land". Here the "de transcendencia real" simply means that this easement in gross (of a personal nature) has "transcendencia real", meaning that it affects the property in question.

An easement in gross is one that is attached to an individual person or legal entity rather than a parcel of real estate served by the easement. ...
en.wikipedia.org/wiki/Easement

--------------------------------------------------
Note added at 3 hrs (2006-11-11 17:11:56 GMT) Post-grading
--------------------------------------------------

To provide additional information as per muitoprazer's request:

There are basically two types of easements. The first are "easements appurtenant" that "run with the land", i.e., benefit a specific plot of land (called the dominant estate = "predio dominante" in Spanish) and burden another specific piece of land (the servient estate = "predio sirviente" in Spanish). An example would be a right of way across one piece of land (servient estate) to gain access to another one (the dominant estate). This right "runs with the land" and if a new owner purchases the dominant estate he also acquires the easement of access or right of way across the other property owner's land. This type of easement is called a "servidumbre real" in Spanish.

The second type of easements are "servidumbres personales", called "easements in gross" in English. They are defined in Black's Law Dictionary as "an easement benefitting a particular person and not a particular piece of land" and do not run with the land, i.e., a person who acquires the land does not have the benefit of that easement, only the person to whom the "easement in gross" was actually granted.

Actually this is quite clearly explained in the wiki reference as follows:

In the U.S., an appurtenant easement is one that belongs to the owner of the land that benefits from the easement, as compared to an easement in gross that is personal to holder of the easement and does not pass automatically to another person when the easement holder's property is sold and bought.

An easement in gross is one that is attached to an individual person or legal entity rather than a parcel of real estate served by the easement. This easement can be personal (like an easement to use one's boat ramp) or commercial (like an easement given to a railway company to build and maintain a rail line across one's property) in nature. In earlier times, easements in gross were considered neither assignable nor inheritable, but today, most courts hold that commercially-oriented easements in fee are freely alienable.
http://en.wikipedia.org/wiki/Easement


Rebecca Jowers
Spain
Local time: 05:57
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 107
Grading comment
THANK YOU VERY MUCH!

Peer comments on this answer (and responses from the answerer)
agree  muitoprazer (X): //http://georgiaappraiser.com/db/glossary/index.html?easementi... //already checked and changed to an agree !
40 mins
  -> This is standard property law terminology. I will post a more detailed explanation above.
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