11:58 Apr 1, 2019 |
French to English translations [PRO] Law/Patents - Real Estate | |||||||
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| Selected response from: Eliza Hall United States Local time: 21:33 | ||||||
Grading comment
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Summary of answers provided | ||||
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4 +4 | Public footpath easement |
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3 | (riparian) waterway (E&W) easement (Scots law) servitude |
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Summary of reference entries provided | |||
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fwiw/hth |
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(riparian) waterway (E&W) easement (Scots law) servitude Explanation: A concept in FR admin. law, but there is no need - as in times past - to over-worry or be unduly concrend about the distinction between easement and servitude. FHS Bridge's FRE/ENG glossary: '(the) duty of a riparian owner to leave space along a navigable waterway for necessary manoeuvring on land by boat crews.' This kind of easement might show up as a 'registrable easement' on a river search in UK conveyancing or as a 'local planning covenant' on a Local Land Charges Search. -------------------------------------------------- Note added at 2 hrs (2019-04-01 14:14:21 GMT) -------------------------------------------------- Preface with 'public' before anyone lifts my answer again.... Example sentence(s):
Reference: http://eng.proz.com/personal-glossaries/entry/7883200-marche... Reference: http://www.lilanduseandzoning.com/2016/10/31/riparian-easeme... |
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Public footpath easement Explanation: Same explanation as for the towpath easement: Because this exact type of easement doesn't exist in US/UK law -- that is, there isn't a law that specifically provides that owners of riverbank property must leave the 3.25 meters (or any other specific measurement) beside the river clear for public use as a footpath -- there isn't an exact translation for this term. That means you need to provide an explanatory translation. The primary distinction between easement types in US/UK law is public vs. private. Most easements are private (e.g., your land may be subject to an easement that allows your neighbor to cross it -- but only your neighbor and their guests can cross it; it's private and specific to that neighbor, not to the public). A "servitude de marchepied," however, is public: it's an easement in favor of anyone -- the whole world has the right to use that section of your land as a footpath. So we need to include the word "public" in this translation to make that aspect of it clear. And in English, we don't generally say "an easement of X type"; we say "an X easement." Thus, "public footpath easement." I don't think you need to mention "riverbank" in the translation, partly because it's not in the French and partly because in context, the fact that this refers to easements on riverfront property is clear in context. |
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