Glossary entry (derived from question below)
Croatian term or phrase:
povlasna nekretnina
English translation:
benefited property
Added to glossary by
Andreja Ciković
Mar 23, 2018 19:14
6 yrs ago
24 viewers *
Croatian term
povlasna nekretnina
Croatian to English
Law/Patents
Real Estate
nekretnine
http://www.gradnja.org/pojmovnik/710-sluznost-puta-i-povlasn...
Stvarna služnost je pravo vlasnika određene nekretnine (povlasna nekretnina) da se za potrebe te
nekretnine na određeni način služi nečijom nekretninom (poslužna nekretnina), čiji vlasnik to mora trpjeti ili mora propuštati određene radnje glede svoje nekretnine.
Poslužna može biti servient, no što je povlasna?
Stvarna služnost je pravo vlasnika određene nekretnine (povlasna nekretnina) da se za potrebe te
nekretnine na određeni način služi nečijom nekretninom (poslužna nekretnina), čiji vlasnik to mora trpjeti ili mora propuštati određene radnje glede svoje nekretnine.
Poslužna može biti servient, no što je povlasna?
Proposed translations
(English)
5 +1 | the benefited property / land | Daryo |
5 +2 | dominant estate, dominant tenement | Miomira Brankovic |
Proposed translations
+1
2 hrs
Selected
the benefited property / land
poslužna nekretnina = Burdened Property
povlasna nekretnina = Benefited Property
Facts of Kennerley v Beech
The main issue in Kennerley v Beech was a boundary dispute, but the parties were also in contention over a right of way. The right of way, which was on foot only, had been reserved by a conveyance from 1954. On its face, it was not limited to a particular period of time, nor by reference to any stated purpose. However, the court found that its purpose was to allow the tenant of the owner of the benefited land at the time of the grant to access a kitchen garden.
The path over which the right of way was granted did not, in fact, give access directly to the garden. Instead, from the end of the path, the tenant then had to pass across another part of the burdened land. No right of way had been reserved over this part of the burdened land, and so the tenant's access across this area would have depended on a licence from the owner.
https://www.lexology.com/library/detail.aspx?g=fcd2bac3-e200...
https://www.google.co.uk/search?q=Burdened and Benefited Pro...
povlasna nekretnina = Benefited Property
Facts of Kennerley v Beech
The main issue in Kennerley v Beech was a boundary dispute, but the parties were also in contention over a right of way. The right of way, which was on foot only, had been reserved by a conveyance from 1954. On its face, it was not limited to a particular period of time, nor by reference to any stated purpose. However, the court found that its purpose was to allow the tenant of the owner of the benefited land at the time of the grant to access a kitchen garden.
The path over which the right of way was granted did not, in fact, give access directly to the garden. Instead, from the end of the path, the tenant then had to pass across another part of the burdened land. No right of way had been reserved over this part of the burdened land, and so the tenant's access across this area would have depended on a licence from the owner.
https://www.lexology.com/library/detail.aspx?g=fcd2bac3-e200...
https://www.google.co.uk/search?q=Burdened and Benefited Pro...
4 KudoZ points awarded for this answer.
Comment: "Hvala!"
+2
2 days 5 hrs
dominant estate, dominant tenement
An easement gives its holder a nonpossessory interest in someone else’s real property. The land that is burdened by an easement is known as the servient estate, and the land that is benefited is the dominant estate.
https://www.pulgininorton.com/dominant-and-servient-estates....
One piece, the dominant estate or tenement, is the land that is benefited by the easement. The other piece, known as the servient estate or tenement, is the land that has the burden of the easement.
West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.
The land benefited by the existence of this right is referred to as the dominant tenement while the neighbouring land burdened with this right is known as the servient tenement.
Collins Dictionary of Law © W.J. Stewart, 2006
https://legal-dictionary.thefreedictionary.com/easement
https://www.pulgininorton.com/dominant-and-servient-estates....
One piece, the dominant estate or tenement, is the land that is benefited by the easement. The other piece, known as the servient estate or tenement, is the land that has the burden of the easement.
West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.
The land benefited by the existence of this right is referred to as the dominant tenement while the neighbouring land burdened with this right is known as the servient tenement.
Collins Dictionary of Law © W.J. Stewart, 2006
https://legal-dictionary.thefreedictionary.com/easement
Peer comment(s):
agree |
Daryo
: more a US variant - although they also use "benefited / burdened" in the explanation.
1 day 15 hrs
|
Thanks.
|
|
agree |
GILLES MEUNIER
3 days 2 hrs
|
Thanks.
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