cinquième bureau des hypothèques

English translation: Mortgage Registry (No. 5)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:cinquième bureau des hypothèques
English translation:Mortgage Registry (No. 5)
Entered by: Yvonne Gallagher

21:30 Dec 4, 2013
French to English translations [PRO]
Law: Contract(s) / real estate
French term or phrase: cinquième bureau des hypothèques
aux termes d’un acte de vente, reçu par le notaire ........, ayant résidé à Bruxelles, le .... 2002, transcrit au cinquième bureau des hypothèques à Bruxelles, le .... suivant, formalité numéro 51-T-........./2002-......

Hi guys,

this occurs several times in a Belgian contract. I assume this is a Registrar of Mortgages but what is the "cinquième" bit? I've been searching a while and have found several examples in French but no translations or dual language sites so not sure if there's an equivalent. It isn't capitalised at all either but I assume it's an authority of registration?

Suggestions welcome. TIA

Yvonne
Yvonne Gallagher
Ireland
Local time: 00:10
5th (District) Land Charges Registry
Explanation:
No magic about number 5. There is or are a number of Mortgage etc. Registries spread around Brussels and that cover different districts.

Compare notary's offices in Spanish-speaking countries and that are counted from the town or city centre outwards.

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Note added at 33 mins (2013-12-04 22:04:15 GMT)
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Registry of Deeds:

In - deed for Eire where the term of deed equates with a conveyance in the US and the Registry with dtddhe UK HM Land Registry - within the parameters of the FRD/BE term: http://www.landregistry.ie/eng/About_Us/Registry_of_Deeds_Se...

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Note added at 1 hr (2013-12-04 22:37:42 GMT)
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Mortgage - plus Land (Charges) - Registry are again other bog-standard translations (FHS Bridge's FR>EN glossary). In the UK, a mortgage search is done at the Land Registry where, pre-electronic conveyancing, a Land Cert. was issued for no mortgages and a Charge Cert. if there were.

Cadastré is, arguably, a Land Survey registration and 'index map search'.
Selected response from:

Adrian MM. (X)
Local time: 01:10
Grading comment
I ended by keeping client-suggested Mortgage Registry with Land Registry elsewhere but my main question was about the 5 so thank you!
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +25th (District) Land Charges Registry
Adrian MM. (X)
3Land Registry No. 5
AllegroTrans


Discussion entries: 2





  

Answers


16 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
5th (District) Land Charges Registry


Explanation:
No magic about number 5. There is or are a number of Mortgage etc. Registries spread around Brussels and that cover different districts.

Compare notary's offices in Spanish-speaking countries and that are counted from the town or city centre outwards.

--------------------------------------------------
Note added at 33 mins (2013-12-04 22:04:15 GMT)
--------------------------------------------------

Registry of Deeds:

In - deed for Eire where the term of deed equates with a conveyance in the US and the Registry with dtddhe UK HM Land Registry - within the parameters of the FRD/BE term: http://www.landregistry.ie/eng/About_Us/Registry_of_Deeds_Se...

--------------------------------------------------
Note added at 1 hr (2013-12-04 22:37:42 GMT)
--------------------------------------------------

Mortgage - plus Land (Charges) - Registry are again other bog-standard translations (FHS Bridge's FR>EN glossary). In the UK, a mortgage search is done at the Land Registry where, pre-electronic conveyancing, a Land Cert. was issued for no mortgages and a Charge Cert. if there were.

Cadastré is, arguably, a Land Survey registration and 'index map search'.


    Reference: http://www.proz.com/kudoz/french_to_english/real_estate/2732...
Adrian MM. (X)
Local time: 01:10
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 348
Grading comment
I ended by keeping client-suggested Mortgage Registry with Land Registry elsewhere but my main question was about the 5 so thank you!
Notes to answerer
Asker: Thanks. I figured it was something simple. I saw the previous Proz entry but didn't make the connection between "premier...." "Cadastré" etc also mentioned which I am using Land Registry for so thought of Registry of Deeds here?

Asker: Gawd, I just realised this was in a "lexique" sent with job ("for info") and the translation proposed is "mortgage registry". Doesn't look too good??? It's for UK. Sorry, should have said...Thanks again.


Peer comments on this answer (and responses from the answerer)
agree  philgoddard
25 mins
  -> Thanks. Good choice.

agree  Nikki Scott-Despaigne: Yes, Registry and not Registrar as it's the place, not the person.
50 mins
  -> Yes. Of course. Thanks.

neutral  AllegroTrans: I think this is far too specific to England & Wales// regardless of E&W it's the Belgian reality that needs to be conveyed//there doesn't need to be "any such registry" in E&W!!!!!
12 hrs
  -> I take your point. But, to my knowledge, there is no such registry in E&W - rather a local land charges search is done at the local authority and a bankruptcy search 'bespoken' in Plymouth, or used to be at any rate.//Mortgage vs. LCR > not much in it.
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15 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Land Registry No. 5


Explanation:
Belgian Land Registry
and Land Registration

Present & Future


Gerard Vandenhouwe & Johan Pieters


1. Introduction

The European Land Registry Association (ELRA) asked the Belgian delegates – the ‘Royal Federation of Mortgage Conservators of Belgium’ and ‘Patrimonial Docu-mentation’ (of the Finance Department) – to present the Belgian land registration system to the general assembly of its members.

After three preliminary remarks, we will describe briefly the present Land Registry in Belgium and endeavour to depict what the future land registration in Belgium might be.


2. Preliminaries

2.1. The Land Registry and land registration

By way of a first preliminary to our presentation of the land registration system, it will be useful to explain what is meant by ‘Land Registry’ and ‘land registration’ (and to clarify the possible confusion between the two). The proprietary rights and charges concerning land are recorded in registers maintained by the Land Registry. But the Land Registry is only is but one actor in the process of land registration. To get the full picture of the Belgian land registration, one needs to look beyond the Land Registry, and consider the other actors involved in land registration.

A literal translation of the official name of the Belgian Land Registry is ‘Mortgage Conservation’ (or ‘Mortgage Office’); but this name is not used because it reflects only a rather minor part of the functions of the institution: the ‘Mortgage Conser-vation’ is much more than the registration of mortgages, it is the principal instrument of land registration. Hence, the use of the term ‘Land Registry’.


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Note added at 15 hrs (2013-12-05 13:26:32 GMT)
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 48 Land Registries (+ 1 Ship Registry)

 Deeds are registered where the land is located

 Registrar: personally responsible (and insured)


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Note added at 22 hrs (2013-12-05 20:21:48 GMT)
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3.1. Organisation of the Land Registry

There are 48 Land Registry Offices and there is one Ship Registry Office (in Antwerp, of course).

Deeds or authentic acts are registered where the land is located. Each Land Registry Office stands for a certain part of the Belgian territory: the deeds or authentic acts concerning a plot of land are registered at the office where the land is located.

It should be noted that the Head of the Land Registry Office (the Registrar) is personal responsible for his of her actions. If the Registrar makes a mistake (a fault) which causes a damage, he or she will have to pay an indemnity. For instance, if a mortgage inscription is mistakenly removed and the mortgagee (i.e. the loaner) suffers damage as a consequence of this fault, the registrar will have to pay an indemnity. The Registrar is, of course, insured.


3.2. Operation of the Land Registry

The operation of the Land Registry is enacted in the Mortgage Act of 16 December 1851 – a better name would have been the Land Registration Act (cf. the name of the Land Registry) – and in several other Acts or Codes (the Judicial Code, the Civil Code, …).


3.2.1. What can be registered at the Land Registry?

Only deeds (i.e. authentic acts) creating or transferring a property right can be registered at the Land Registry Office where the land is located.

Note the three qualifications of this statement:

 A ‘formality qualification’: only deeds (authentic acts) can be registered.

 A ‘content qualification’: only deeds creating or transferring a proprietary right (including a mortgage and a lien) inter vivos (and certain long-term leases) can be registered.

 A ‘territorial qualification’: the deed must be presented at the Land Registry Office where the land is located.

folk.uio.no/erikro/WWW/etinglysing/ELRA.doc


AllegroTrans
United Kingdom
Local time: 00:10
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 527
Notes to answerer
Asker: Thanks so much. My main question was about the 5 so Tom was first to answer that. Wish I could split points:-)


Peer comments on this answer (and responses from the answerer)
neutral  Adrian MM. (X): see the asker's comment which assuredly does not equate the cadastre with a land survey or index map office - points that seem to have been lost on the ELRA-canvassed Belgian delegates: "Cadastré" etc also mentioned which I am using Land Registry for.
1 hr
  -> No, the Cadaster and the Land Registry (bureau des hypothèques) are separate - "index map" onlty serves to confuse as it is too specific to E&W
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