Ley de Propiedad Horizontal

English translation: Commonhold Property Act/Law

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:Ley de Propiedad Horizontal
English translation:Commonhold Property Act/Law
Entered by: Rebecca Jowers

18:15 Sep 2, 2007
Spanish to English translations [PRO]
Law/Patents - Real Estate
Spanish term or phrase: Ley de Propiedad Horizontal
I am not sure I agree with the current Kudoz entry for this so wanted to get some opinions.
I am looking specifically, for the UK English.
"Propiedad Horizontal", as I understand it, means shared ownership or joint ownership or shared freehold, but I think in the UK, this is also now referred to as "commonhold".
Could it be "Law on Commonhold" - ir doesn't Google very well!
Does anyone know for sure, please?
Thanks!
Comunican
United Kingdom
Local time: 03:49
Commonhold Property Act/Law
Explanation:
If your translation is for UK readers, I think this could be an appropriate rendering as per the Commonhold and Leasehold Reform Act 2002.

--------------------------------------------------
Note added at 30 mins (2007-09-02 18:45:32 GMT)
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As you suggest, "Law on Commonhold" would also be appropriate, although the most Googles (42,400) are logically to be found under the exact title of the law (Commonhold and Leaseform Reform Act 2002)

http://www.opsi.gov.uk/acts/acts2002/20020015.htm





--------------------------------------------------
Note added at 38 mins (2007-09-02 18:53:46 GMT)
--------------------------------------------------


(See below an excerpt from http://www.proz.com/kudoz/1081212:)


From the Land Registry of England/Wales:

"At present there are two main types of estates in land in England and Wales: freehold and leasehold. Commonhold is not a new estate, but a new kind of freehold ownership, and will be introduced into England and Wales by the Act, which was given Royal Assent on 1st May 2002.

Commonhold will combine freehold ownership of a unit in a development with membership of a commonhold association. The association (and consequently the unit holders) will own and be responsible for the management and upkeep of the common parts of the development. It will be an alternative to long leasehold ownership.

'Units' are the individual properties within the estate or building, such as a flat or industrial unit. The 'common parts' are the remainder of the building or estate, (such as the fabric of the building or the estate road etc.) not forming part of the units.

Commonhold is already in use in other parts of the world, where it is known by different names:

* Condominium and Community Ownership in Canada and the USA
* Law of Tenement in Scotland and
* Unit and Strata Titles in Australia and
* New Zealand."
http://www.landregistry.gov.uk/legislation/commonhold/guide/...
Selected response from:

Rebecca Jowers
Spain
Local time: 04:49
Grading comment
well, this was a tricky one.

I ended up using "Shared Freehold" simply because I feel it is the most easily-understood term, even though in the UK "commonhold" would be the right term.

I also took Nikki's very good point on board - but in the context, and given the disclaimer in the contract about the translation, I decided it was safe to use a term that was more easily understandable than "horizontal"...

Who knows, I might have got it wrong, but I think it's ok! Many thanks everyone, and I hope this point helps others. It certainly clarified things for me.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +4Commonhold Property Act/Law
Rebecca Jowers
5Law of flying freehold
AllegroTrans
5Condominium Property Act
Lidia D
4horizontal property law
Nikki Graham
4Commonhold Law (Commonhold and Leasehold Reform Act, 2002)
silviantonia
4Law of Property and Conveyancing (o simplemente, Condominium Act)
Margarita Ezquerra (Smart Translators, S.L.)
4Law of Flat (Condominium, Apartment) Property; Law of Flat (Condomium, Apartment) Ownership
Michael Powers (PhD)


  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Law of Flat (Condominium, Apartment) Property; Law of Flat (Condomium, Apartment) Ownership


Explanation:
Mike :)

--------------------------------------------------
Note added at 3 mins (2007-09-02 18:18:57 GMT)
--------------------------------------------------

AVH Diccionario de términos jurídicos

Michael Powers (PhD)
United States
Local time: 22:49
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 155
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12 mins   confidence: Answerer confidence 5/5
Condominium Property Act


Explanation:
5311.03 Condominium units deemed real property.

(A) Each unit of a condominium property, together with the undivided interest in the common elements appurtenant to it, is real property for all purposes and is real estate within the meaning of all provisions of the Revised Code.

(B) A unit owner is entitled to the exclusive ownership and possession of the unit and to ownership of an undivided interest in the common elements as expressed in the declaration.


See http://codes.ohio.gov/orc/5311

Lidia D
Argentina
Local time: 23:49
Works in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  silviantonia: No vale en Inglaterra.
14 mins
  -> silviantonia, thanks for your input
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16 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Law of Property and Conveyancing (o simplemente, Condominium Act)


Explanation:
Notarlinks International - AmerikaLaw of Property and Conveyancint (Condominium) Act 1987 ..... Ley de Propiedad Horizontal, Gaceta Oficial Nº 3.241 (Extraordinaria) 18.8.1983 (Leyes ...
www.dnoti.de/Links/notarlinks_amerika.htm - 127k - En caché - Páginas similares

2007 DTS 132 ALFONSO SERRANO V. HOSPITAL AUXILIO MUTUO 2007TSPR132 ...El Artículo 2 de la Ley de Propiedad Horizontal, vigente al momento de los ...... sino de las normas endosadas en el Uniform Condominium Act (1980) y el ...
www.lexjuris.com/lexjuris/tspr2007/lexj2007132.htm - 245k - En caché - Páginas similares




Property law guidelines- [ Traduzca esta página ]The Law Society of the Northern Provinces has produced a document Guidelines ... of the Law Society as well as the rulings on conveyancing and property law ...
www.ghostdigest.co.za/code/A_949.html - 33k - En caché - Páginas similares

CONVEYANCING AND LAW OF PROPERTY ACT 1898- [ Traduzca esta página ]CONVEYANCING AND LAW OF PROPERTY ACT 1898. - As at 28 July 1999 - Act 17 of 1898 TABLE OF PROVISIONS Long Title PART 1A - PRELIMINARY 1. Name of Act 2. ...
www.austlii.edu.au/au/legis/nsw/consol_act/calopa1898334/ - 12k - En caché - Páginas similares


IRLII - Periodicals: Conveyancing & Property Law Journal- [ Traduzca esta página ]Freely Accessible website comprising of Leading Irish Decisions, Irish Legislation, & a comprehensive index of Legal Periodicals.
www.ucc.ie/law/irlii/periodicals/03cpljdisp.php - 38k - En caché - Páginas similares

Law Resources: Conveyancing - infolaw Lawfinder- [ Traduzca esta página ]Services: Law Publishers. Estates Gazette Interactive (EGi). Comprehensive property law subscription service. Subjects: Property and Conveyancing ...
www.infolaw.co.uk/lawfinder/results.asp?lwftp=Law Resources... - 31k - En caché - Páginas similares
[ Más resultados de www.infolaw.co.uk ]

AccessToLaw - Property/Conveyancing- [ Traduzca esta página ]Contains articles on aspects of property law and practice; a Monthly Update; an Update Diary, in which material from the Monthly Updates, from 2001 up to ...
www.accesstolaw.com/site/default.asp?s=66 - 32k - En caché - Páginas similares

PLC Property Law: Conveyancing procedure- [ Traduzca esta página ]Go to PLC Property Law homepage ... Conveyancing procedure on sale of property ... arising out of land contracts (section 49, Law of Property Act 1925) ...
property.practicallaw.com/8-103-2082 - 103k - En caché - Páginas similares


PDF] Condominium ActFormato de archivo: PDF/Adobe Acrobat - Versión en HTML
Condominium Act. 7. (1) The owners are tenants in common of the common elements. .... Condominium Act. declaration or bylaws may provide, elected by the ...
www.gov.pe.ca/law/statutes/pdf/c-16.pdf - Páginas similares



Margarita Ezquerra (Smart Translators, S.L.)
Spain
Local time: 04:49
Native speaker of: Spanish
PRO pts in category: 132
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26 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Commonhold Law (Commonhold and Leasehold Reform Act, 2002)


Explanation:
Aunque hay algo parecido que se llama joint freehold, el joint freehold es una propiedad entre varios propietarios, y todos tienen que firmar si se va a vender.

Commonhold parece ser lo mismo que la ley de propiedad horizontal. Es un cambio reciente en las leyes sobre la propiedad inmobiliaria en Inglaterra.


Ver:

http://www.propertylawuk.net/bookscommonhold.html

Commonhold bears certain resemblances to Strata Title, a type of home ownership which has been in use in Australia for 50 years, and to a number of other property-owning systems throughout the world, such as Condominiums in the US.

Under the commonhold system, all flat owners will automatically be members of a company - the Commonhold Association - that owns the freehold and thus the block.
http://news.bbc.co.uk/2/hi/business/3675612.stm


silviantonia
United States
Local time: 19:49
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 20
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23 mins   confidence: Answerer confidence 5/5 peer agreement (net): +4
Commonhold Property Act/Law


Explanation:
If your translation is for UK readers, I think this could be an appropriate rendering as per the Commonhold and Leasehold Reform Act 2002.

--------------------------------------------------
Note added at 30 mins (2007-09-02 18:45:32 GMT)
--------------------------------------------------

As you suggest, "Law on Commonhold" would also be appropriate, although the most Googles (42,400) are logically to be found under the exact title of the law (Commonhold and Leaseform Reform Act 2002)

http://www.opsi.gov.uk/acts/acts2002/20020015.htm





--------------------------------------------------
Note added at 38 mins (2007-09-02 18:53:46 GMT)
--------------------------------------------------


(See below an excerpt from http://www.proz.com/kudoz/1081212:)


From the Land Registry of England/Wales:

"At present there are two main types of estates in land in England and Wales: freehold and leasehold. Commonhold is not a new estate, but a new kind of freehold ownership, and will be introduced into England and Wales by the Act, which was given Royal Assent on 1st May 2002.

Commonhold will combine freehold ownership of a unit in a development with membership of a commonhold association. The association (and consequently the unit holders) will own and be responsible for the management and upkeep of the common parts of the development. It will be an alternative to long leasehold ownership.

'Units' are the individual properties within the estate or building, such as a flat or industrial unit. The 'common parts' are the remainder of the building or estate, (such as the fabric of the building or the estate road etc.) not forming part of the units.

Commonhold is already in use in other parts of the world, where it is known by different names:

* Condominium and Community Ownership in Canada and the USA
* Law of Tenement in Scotland and
* Unit and Strata Titles in Australia and
* New Zealand."
http://www.landregistry.gov.uk/legislation/commonhold/guide/...


Rebecca Jowers
Spain
Local time: 04:49
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 107
Grading comment
well, this was a tricky one.

I ended up using "Shared Freehold" simply because I feel it is the most easily-understood term, even though in the UK "commonhold" would be the right term.

I also took Nikki's very good point on board - but in the context, and given the disclaimer in the contract about the translation, I decided it was safe to use a term that was more easily understandable than "horizontal"...

Who knows, I might have got it wrong, but I think it's ok! Many thanks everyone, and I hope this point helps others. It certainly clarified things for me.

Peer comments on this answer (and responses from the answerer)
agree  silviantonia: Ah, you beat me to the punch...
3 mins
  -> Thanks so much, silviantonia

agree  cmwilliams (X)
25 mins
  -> Muchas gracias

agree  John Rawlins: yes. for the UK this is it.
1 hr
  -> Thanks John

agree  Adrian MM. (X): but it isn't an 'alt. to a long leasehold' as the freehold company formed by the residents grants the commonholders - or extends a 99-year to - a 999-year lease as a 'virtual freehold'.
3 days 13 hrs
  -> Yes, thanks Tom. That's how I understand it.
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2 hrs   confidence: Answerer confidence 5/5
Law of flying freehold


Explanation:
Although "commonhold" is a near equivalent, I have to say that it is a common law creation, whish "propieded horizontal" is specifically a Spanish creation.
There are many authorities using the term "flying freehold" to describe the situation where freehold interests are created on property which is over ("flying above") the land on which there are separate legal interests.
The other advantage of using this term is that emphasises the Spanish nature of this legal estate and avoids all possible confusion with copyhold.

The K-Zone: flying freehold
Home > Law > Law glossary > Law glossary. flying freehold ... lease) the top storey to someone else, I would be creating a flying freehold. ...www.kevinboone.com/lawglos_FlyingFreehold.html - 9k - Cached
Flying Freehold - Moneyextra Financial Dictionary
A definition of Flying Freehold ... Flying Freehold. Additional Services ... Flying freehold is a term used to describe that part of a freehold property ...www.moneyextra.com/dictionary/flying-freehold-moneyextra-00... - 20k - Cached
Flying Freehold (A-Z of Home Buying)
easymove estate agents are an independent estate agents based in Westcliff-on-Sea, Essex ... so to call them a flying freehold' would be incorrect while the necessary ...www.easymoveestateagents.co.uk/a-z/flying_freehold.html - 12k - Cached
Flying Freehold (A-Z of Home Buying)
Kimberley's are an independent estate agents based in Falmouth, Truro and ... so to call them a flying freehold' would be incorrect while the necessary ...www.kimberleys.co.uk/a-z/flying_freehold.html - 9k - Cached
Property Search Agency - Insurance b- Flying / Creeping freehold
Through PSA you can order a whole range of conveyancing searches irrespective of ... lease | Lack of easement | Flying freehold | Missing deed | Good leasehold title ...www.psa.co.uk/insurance/flyingfreehold.asp - 17k - Cached
Freehold - Wikipedia, the free encyclopedia
Board of Chosen Freeholders, an elected county official in the state ... Flying freehold, a term when upper floors of a property hang above land owned by ...
Quick Links: Disambiguation
en.wikipedia.org/wiki/Freehold - 15k - Cached
Flying Freehold (A-Z of Home Buying)
Pennecks Estate Agents are an independent estate agents based in Southend On Sea, Essex ... so to call them a flying freehold' would be incorrect while the necessary ...www.penneckestates.com/a-z/flying_freehold.html - 15k - Cached
TCTerms - flying freehold
Directory of Freelance Translators and Translation Agencies ... A flying freehold exists where a part of one property extends physically in, ...www.translatorscafe.com/tcterms/thQuestion.aspx?id=5169 - 14k - Cached
Flying Freehold (A-Z of Home Buying)
... so to call them a flying freehold' would be incorrect while the necessary ... the arrangements relating to a flying freehold are trouble-free, we will not ...www.rightchoiceestates.co.uk/a-z/flying_freehold.html - 9k - Cached
FLYING FREEHOLD
... offer accepted on a property which now may be 'flying freehold' ... flying freehold? ... If this turns out to be flying freehold, our mortgage lender will not go ...periodproperty.co.uk/cgi-bin/discussing/forum2.pl?noframes;read=55779

AllegroTrans
United Kingdom
Local time: 03:49
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 82
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
horizontal property law


Explanation:
Well, you asked for opinions, and here is mine. I am no solicitor, but I would be very wary of giving this law (act, if you prefer) a name that sounds like something British, and therefore, perhaps, giving people the wrong impression as to what exactly it may legally entail. If you look at the references above on the different names this regime/system is referred to in other countries, you can get an idea of the differences there are even in the English language. So I vote for a direct, literal and immediately recognisable translation, as so many others have done in the glossary archives already. At the end of the day, if anyone has any doubts concerning their property in Spain, they will have to refr to said Spanish law, and not to the GB equivalent.


http://www.typicallyspanish.com/news/publish/article_9724.sh...

http://www.c-euro.org/index.php?option=com_content&task=view...

http://news.bbc.co.uk/1/hi/business/3675612.stm


    Reference: http://www.google.co.uk/search?q=%22horizontal+property%22+s...
    Reference: http://www.overstock.com/Books-Movies-Music-Games/You-the-La...
Nikki Graham
United Kingdom
Local time: 03:49
Native speaker of: Native in EnglishEnglish
PRO pts in category: 91

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: very sound reasoning over tramslating legal terms, with which I entirely agree
21 hrs
  -> Thank you
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