à la charge de

English translation: inuring to the burden (of xyz as a party); operating over (xyz = land) as a servient tenement

09:14 Apr 29, 2016
French to English translations [PRO]
Law/Patents - Law: Contract(s) / Conveyancing
French term or phrase: à la charge de
Swiss French > English

The context is an extract from the Swiss Land Register.
i.e. easement "à la charge de" XYZ

I'm interested to know how others would translate this seemingly harmless little phrase in this context.

"payable by"
"charged to"
"borne by"
etc.

Elsewhere "en faveur de" is used as an alternative in the French, so NOT "in favour of".

Thanks in advance!

f
Anna Morvern
Ireland
Local time: 00:43
English translation:inuring to the burden (of xyz as a party); operating over (xyz = land) as a servient tenement
Explanation:
It would help to know if xyz is a person or land.

Normally easements (servitudes) are, in E&W (in Scotland are known as servitudes; PACE ALLEGRO), regd. land charges running with the land and encumbering ('impacting') a servient tenement or benefitting a dominant tenement, and not specific to a specific party.

Difficult to see how can both benefit n faveur de and burden the same landowner, unless there are cross-easements.


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Note added at 4 hrs (2016-04-29 13:41:43 GMT)
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Then it is a negative easement inuring (and not insuring!) to the burden vs. benefit of the corp. etc.
Selected response from:

Adrian MM. (X)
Local time: 01:43
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2inuring to the burden (of xyz as a party); operating over (xyz = land) as a servient tenement
Adrian MM. (X)
4 +1shall be borne by
liz askew
4servitude encumbrancing
AllegroTrans
3 +1imposed upon
Claude B


Discussion entries: 6





  

Answers


36 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
servitude à la charge de
servitude encumbrancing


Explanation:
"servitude" preferable to "easement" since it is an English word with lgeal meaning and comes from the Roman/Civil Law system, unlike "easement" which is distinctly a product of the common law syatem.

What is a Servitude? - GoHaynesvilleShale.com: The ...
www.gohaynesvilleshale.com/profiles/blogs/what-is-a-servitu...
14 Sep 2012 - A servitude is defined as a charge or encumbrance on property allowing it be used by someone other than the property owner. While servitudes ...

AllegroTrans
United Kingdom
Local time: 00:43
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 466
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
shall be borne by


Explanation:
.

--------------------------------------------------
Note added at 1 hr (2016-04-29 10:54:11 GMT)
--------------------------------------------------

Modern Precedents in Conveyancing: With Variations ...
https://books.google.co.uk/books?id=WZQDAAAAQAAJ
Charles Barton - 1821 - ‎Conveyancing
That beer shall not be supplied by lessor after debt contracted to a certain amount, iv. 50. Books of account shall ... Expenses of conveyance shall be borne by ...
CONVEYANCING ACT 1919 - SECT 54 Application of ...
www.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s54.ht...
(1) A purchaser of any property shall not require the production or any ... or for any other purpose shall be borne by the purchaser who requires the same; and ...
The Practice of Conveyancing: Comprising Every Usual Deed, ...
https://books.google.co.uk/books?id=EnA0AAAAIAAJ
James Stewart - 1829 - ‎Conveyancing
EXPENSE, agreement as to, of abstracts and conveyances, 7 conveyance to be ... recoveries, and assignments of terms not before assigned, shall be borne by ..

liz askew
United Kingdom
Local time: 00:43
Native speaker of: Native in EnglishEnglish
PRO pts in category: 41

Peer comments on this answer (and responses from the answerer)
agree  Jennifer White: simplest way to say it. Why complicate things?
7 hrs
  -> Thank you! My thoughts exactly.
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
imposed upon


Explanation:
En France, le mot servitude comprend une notion d'obligation, de renoncement à une part de sa propriété.
"Servitude", d'après le Larousse:
"Charge imposée et attachée à un fonds (fonds servant) au profit d'un autre fonds (fonds dominant).
Restriction au droit de propriété immobilière instituée au nom de l'intérêt général."


Claude B
France
Local time: 01:43
Native speaker of: French

Peer comments on this answer (and responses from the answerer)
agree  philgoddard: This is a good, plain-English answer. You could also say "applying to".
21 hrs
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
inuring to the burden (of xyz as a party); operating over (xyz = land) as a servient tenement


Explanation:
It would help to know if xyz is a person or land.

Normally easements (servitudes) are, in E&W (in Scotland are known as servitudes; PACE ALLEGRO), regd. land charges running with the land and encumbering ('impacting') a servient tenement or benefitting a dominant tenement, and not specific to a specific party.

Difficult to see how can both benefit n faveur de and burden the same landowner, unless there are cross-easements.


--------------------------------------------------
Note added at 4 hrs (2016-04-29 13:41:43 GMT)
--------------------------------------------------

Then it is a negative easement inuring (and not insuring!) to the burden vs. benefit of the corp. etc.

Example sentence(s):
  • An affirmative (E&W: positive easement) is the right to use land For example, an affirmative easement might allow land owner
  • The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement)

    Reference: http://https://en.wikipedia.org/wiki/Easement
Adrian MM. (X)
Local time: 01:43
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 348
Grading comment
Selected automatically based on peer agreement.
Notes to answerer
Asker: Sorry, I put XYZ for confidentiality reasons but it's a legal person.


Peer comments on this answer (and responses from the answerer)
agree  Heather Allsopp (X): Yes Adrian, technically much better IMHO
3 hrs
  -> Merci and thanks for your CH/FR/EN land law shrewdness.

agree  Nikki Scott-Despaigne
6 hrs
  -> Thanks and merci.
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