sa zabranom otuđena i opterečenja
English translation: with restraint on alienation and encumbrance
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| 17:06 Sep 11, 2005 |
| Bosnian to English translations [PRO] Bus/Financial - Real Estate | |||||||
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|  Selected response from: V&M Stanković Serbia Local time: 06:32 | ||||||
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| sa zabranom otuđena i opterečenja with prohibition of selling and charging Explanation: - library.usask.ca/native/cnlc/vol05/347.html - 11k |
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peer agreement (net): +2| sa zabranom otuðena i optereèenja with restraint on alienation and encumbrance Explanation: zabrana otuđenja (zemljita I dr) restraint on alienation opterećenje (hipotekom, zalogom) load, encumbrance, charge, charge upon property, burden (Vukićević B, Pravni rečnik) LAW.COM Dictionary: restraint on alienation an attempt in a deed or will to prevent the sale or other transfer of real property either forever or for an extremely long period of time. Such a restraint on the freedom to transfer property is generally unlawful and therefore void or voidable (can be made void if an owner objects), since a present owner should not be able to tie the hands of future generations to deal with their property. This ban on a restraint on alienation (transfer) is called "the rule against perpetuities." Examples: Oliver Oldtimer sells his ranch to his son with the condition that title may never be transferred to anyone outside of the family. Martha Oldtimer in her will gives her home to her daughter Jacqueline on condition that "Jacqueline's descendants must never sell the place." However, one is generally allowed to limit transfer to a maximum period calculated by "lives in being, plus 21 years." Restraints on alienation (so-called restrictive covenants) based on race ("only Caucasians may hold title") were declared unconstitutional in 1949. (http://dictionary.law.com/default2.asp?selected=1833&bold=||||) encumbrance a general term for any claim or lien on a parcel of real property. These include: mortgages, deeds of trust, recorded abstracts of judgment, unpaid real property taxes, tax liens, mechanic's liens, easements and water or timber rights. While the owner has title, any encumbrance is usually on record (with the County Recorder or Recorder of Deeds) and must be paid for at some point. (http://dictionary.law.com/default2.asp?typed=encumbrance&typ... Land transaction & legislation Encumbrances - Different types of encumbrances 5) Restraint on alienation and encumbrance (Belastungs- und Veräußerungsverbot): Such restraints may be created by contract, by law or by court decision. A restraint on alienation and encumbrance (Veräußerungs- und Belastungsverbot) can only be registered if the owner consents to it. A restraint on alienation usually includes a restraint on encumbrance. The restraint on alienation and encumbrance terminates with the death of the owner of the register unit. (http://www.infoland.no/nepublisher/pubEulis/index.asp?menuid... Real Property Law restraint on alienation and encumbrance based on contract or last will and testament (http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Pr... |
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