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Glossary entry

German term or phrase:

Unverbaubarkeitsservitut

English translation:

planning restrictions

Added to glossary by philgoddard
Dec 12, 2013 18:02
10 yrs ago
German term

Unverbaubarkeitsservitut

German to English Law/Patents Real Estate
"1928 wurde im Zuge der Bauplanung für den Kantonsspital das Unverbaubarkeitsservitut vom Kanton abgelöst. Die im Laufe der Jahre erstellten Spitalneubauten trafen in der Folge die Verwendungsmöglichkeiten der auf ebener Erde aufgestellten Instrumente aufs Empfindlichste."

I'm currently translating a Swiss organisation's website and have been struggling with the above term for a little while now. It appears in the above paragraph, taken from a text on the client's institutional history. Despite my research confirming that this is some kind of servitude or easement, I cannot find a way of appropriately rendering 'Unverbaubarkeitsservitut' for Anglophones, nor have I found the term in any dictionaries or parallel texts. I expect that this problem is compounded by the fact that this is a term from (old?) Swiss law and not German law. Am I dealing with a simple easement that has been terminated, thus affecting the use of the instruments mentioned, or is there more to it? I'd appreciate any light you can shed on the term for me.

Thank you in advance!
Proposed translations (English)
4 +1 planning restrictions
3 +1 unobstructed view easement
Change log

Jan 7, 2014 13:37: philgoddard Created KOG entry

Discussion

Sabine Reynaud Dec 13, 2013:
Thanks Tom That explains it! Here in the US I have never heard of servitude. Easement on the other hand is widely used, no law background required. I like covenant that sounds very period.
Adrian MM. (X) Dec 13, 2013:
target readership of servitude vs. easement If the asker with a Scottish background wants to retain the original flavo(u)r of the German, then servitude is the Scottish term, and easement is England & Wales, as I have mentioned to Allegro before. I know a Scottish QC who has argued a car parking servitude in the House of Lords in London who judged the case on the footing of an easement in English land law. So there's little point trying to make artificial distinctions.
Sabine Reynaud Dec 12, 2013:
Phil how to you tie in the "unverbauten" view with your suggestion?
philgoddard Dec 12, 2013:
I still think "planning/building restrictions" will be more easily understood than "view easement", since this text is not written for lawyers.
Marie Jackson (asker) Dec 12, 2013:
Context, context, context... I think the text was lifted by Wikipedia; I'm doing the entire website and it seems to have been lifted by other sites more than once. Sorry for not mentioning that we're talking about an observatory - that's probably quite important for context! I sort of have the general gist of the term but finding the best English solution is proving tricky... Some interesting comments already, so thank you everyone!
philgoddard Dec 12, 2013:
Yes, it's an observatory. And it sounds like your text has been lifted from Wikipedia, or vice versa.
http://de.wikipedia.org/wiki/Collegium_Helveticum
It makes more sense now that Sabine has provided the full context.
Sabine Reynaud Dec 12, 2013:
Unverbaubarkeitsservitut Is about not obstructing a view. The instruments here are astronomical instruments. The new buildings disrupted the use of the instruments (telescopes).

Proposed translations

+1
17 mins
Selected

planning restrictions

It doesn't sound to me like a servitude or an easement, which means a right to use another person's land. But I don't think the exact legal meaning is important - it's just some kind of order preventing the land from being built on. I suggest "lifted the planning restrictions".

--------------------------------------------------
Note added at 18 mins (2013-12-12 18:21:26 GMT)
--------------------------------------------------

Also, this is for a general readership, and most people won't know what servitudes and easements are.
Peer comment(s):
neutral AllegroTrans : a servitude is not only a right to use another person's land - civil law countries like DE and CH enact a multitude of different varieties of them, the term can be retained here, never mind whether people understand these terms, legal text is legal text
49 mins
But it's not legal text! And "never mind whether people understand" is not a very good precept to follow when you're a translator :-)
agree Adrian MM. (X) : also: restrictive planning covenant - in the singular
5 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you for all your help guys! If I could, I'd give you both the points, but this answer and the additional comments were probably the most explanatory for me."
+1
1 hr

unobstructed view easement

View easements seem to exist. It makes sense that there would be one in place for the area surrounding an observatory.

--------------------------------------------------
Note added at 1 hr (2013-12-12 19:31:06 GMT)
--------------------------------------------------

Simply view easement might be enough and a little more elegant.
Reference:

http://www.bdlaw.com/news-news-163.html

Peer comment(s):
neutral AllegroTrans : Whyt not use servitude? The 2 words are not interchangeable (easements are a creation of the common law)
2 hrs
Yes why not? Mostly because, it was less familiar. I understand the Switzerland or Germany not have common law, still easement is usually the translation for Grunddienstbarkeit
agree Horst Huber (X) : his would be readily understood by most people in the Eastern US at least.
7 hrs
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