Glossary entry (derived from question below)
Dutch term or phrase:
aantekening recht
English translation:
caution (against first registration)
Added to glossary by
Lucy Spring
Mar 21, 2005 19:16
19 yrs ago
4 viewers *
Dutch term
Client award for reliability
Native in: English 
Works in: Dutch to English, Flemish to English
aantekening recht
Dutch to English
Law/Patents
Real Estate
From this land registry 'bericht': there is a small section that says:
"aantekening recht"
Einddatum recht
Einddatum
Ontleend aan
The translation offered for "aantekening recht" is "cautionary remarks", which seems very strange. And would we not use the term "title" for "recht" when it comes to property?
"aantekening recht"
Einddatum recht
Einddatum
Ontleend aan
The translation offered for "aantekening recht" is "cautionary remarks", which seems very strange. And would we not use the term "title" for "recht" when it comes to property?
Proposed translations
(English)
| 4 +1 | caveat |
Deborah do Carmo
|
| 5 +1 | Caution against first registration |
Marijke Mayer
|
Proposed translations
+1
50 mins
Deborah do Carmo
Portugal
Portugal
Native in English
Portugal
Lawyer-Linguist
Native in: English (Variant: UK)
Works in: Dutch to English, Flemish to English, English
Related KudoZ points
:
20
Selected
caveat
In property law, the term is normally caveat - meaning in effect cautionary remarks as Marijke has explained. Some links to follow.
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Note added at 53 mins (2005-03-21 20:09:52 GMT)
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other term is cautionary notes
--------------------------------------------------
Note added at 1 hr 3 mins (2005-03-21 20:19:34 GMT)
--------------------------------------------------
This is where the term originates from:
caveat emptor:
Latin for \"let the buyer beware.\" A buyer should inspect the goods or realty before purchase.
In practice how is this done? - third parties with an interest enter a caveat against the property title deed/land registry records.
For example: when I acted as a trustee or liquidator back in South Africa, I had to immediately on appointment enter a *caveat* against the title deed to stop property being transferred out of the insolvent/liquidated estate
--------------------------------------------------
Note added at 1 hr 4 mins (2005-03-21 20:20:51 GMT)
--------------------------------------------------
Priority of caveat or certificate of pending litigation ... of registration
of title derived from tax sale. 373.72. Power of registrar to lodge caveat ...
www.qp.gov.bc.ca/statreg/stat/L/96250_00.htm - 147k - Cached - Similar pages
Land Title Act - Part 19
... a copy of it to the person against whose title the caveat has been lodged.
... (1) A caveat lodged under this Act lapses and ceases to affect the title ...
www.qp.gov.bc.ca/statreg/stat/L/96250_19.htm - 16k - Cached - Similar pages
[ More results from www.qp.gov.bc.ca ]
[PDF] Procedures Manual
File Format: PDF/Adobe Acrobat - View as HTML
... The Registrar\'s caveat acts as a warning to anyone searching the title that
... When a Registrar\'s caveat is endorsed against a certificate of title, ...
www3.gov.ab.ca/gs/pdf/ltmanual/.%5CCAV-3.pdf - Similar pages
Lands Title Office (Caveats) - Northern Territory Department of ...
... that person may be liable to pay compensation to someone who may have sustained
a loss as a result of the caveat. See section 146 of the Land Title Act. ...
www.nt.gov.au/justice/graphpages/landtitl/caveats.shtml - 18k - Cached - Similar pages
The Property Registry FAQ - Liens, Judgments and Caveats
... lien or caveat has been registered on your title, the title search will show
... in the mail telling me that a caveat has been registered on my title. ...
www.gov.mb.ca/tpr/faq09_liens.html - 20k - Cached - Similar pages
Law Clinic - Title in Art
... The buyer will not be able to assert his defective title in the event that
the holder of a better title appears. Caveat Emptor ...
www.axa-art.co.uk/cw/law/law2001/titleinart.html - 15k
--------------------------------------------------
Note added at 1 hr 5 mins (2005-03-21 20:21:33 GMT)
--------------------------------------------------
... 2. caveat against dealings, ie concerning land already registered ... the title
deeds for which are kept at the Island Record Office it is known a ...
www.nla.gov.jm/caveat.html - 10k - Cached - Similar pages
MSTaxDeeds.Com:Prospective Bidder Information
... In a quitclaim deed transaction, the common-law doctrine of caveat ...
right and title to the above-described property unto the said Grantee against the ...
www.mstaxdeeds.com/howweconvey.html - 16k - Cached - Similar pages
Customary marriages - Endorsements
... effect the necessary endorsement on title deed/s to reflect the name and status
... of deeds, such court order must be recorded as a caveat against the ...
www.ghostdigest.co.za/code/A_443.html - 24k - Cached - Similar pages
The Land Registry - Our Way Forward
... takes place a solicitor has to review the deeds in order to check the title,
... Claims may be protected by registration of caveat, caution against ...
www.landreg.gov.hk/en/way/title.htm - 55k - Cached - Similar pages
[PDF] CHIEF REGISTRAR S CIRCULAR NO
File Format: PDF/Adobe Acrobat - View as HTML
... The caveat that has been noted against a title deed of immovable property.
concerned, as referred to in paragraph 3.3.4, must remain until such time ...
www.lawsoc.co.za/.../specifictopics/property/ registrarscirculars/2000s/crc2004_07_miningtitlesact.pdf -
--------------------------------------------------
Note added at 1 hr 24 mins (2005-03-21 20:40:37 GMT)
--------------------------------------------------
FINAL: CAVEAT or CAUTIONARY NOTE
--------------------------------------------------
Note added at 2 hrs 24 mins (2005-03-21 21:40:35 GMT)
--------------------------------------------------
This is taken from a UK glossary of legal terms.
Caveat is certainly used in many English speaking countries/ex- protectorates in a land registry context (e.g. Australia, New Zealand, Canada, Hong Kong, Jamaica, South Africa as can be seen from the provided links) but in the UK CAUTION is preferred by the land registry
CAUTION i) Notice given to the Land Registry by any person with an interest in particular land to ensure that no action is taken in respect of the land without the person\'s knowledge
VS.
CAVEAT A notice given to the registrar that effectively prevents action by another party without first notifying the party entering the caveat
From the context it is NOT clear whether the land in question is at the present UNREGISTERED - if it is yes, then it is a CAUTION AGAINST FIRST REGISTRATION.
If not or if this is not known: the answer is caution/cautionary note or caveat - depending on your target audience
--------------------------------------------------
Note added at 2 hrs 24 mins (2005-03-21 21:41:02 GMT)
--------------------------------------------------
http://www.courtservice.gov.uk/cms/2714.htm#LC
--------------------------------------------------
Note added at 2 hrs 41 mins (2005-03-21 21:57:54 GMT)
--------------------------------------------------
FINAL: caution/cautionary note or caveat
--------------------------------------------------
Note added at 9 hrs 1 min (2005-03-22 04:17:25 GMT)
--------------------------------------------------
CAUTION (UK)
CAUTIONARY NOTE (US)
CAVEAT(Canada, Australia, New Zealand, South Africa, Hong Kong, Jamaica etc)
--------------------------------------------------
Note added at 53 mins (2005-03-21 20:09:52 GMT)
--------------------------------------------------
other term is cautionary notes
--------------------------------------------------
Note added at 1 hr 3 mins (2005-03-21 20:19:34 GMT)
--------------------------------------------------
This is where the term originates from:
caveat emptor:
Latin for \"let the buyer beware.\" A buyer should inspect the goods or realty before purchase.
In practice how is this done? - third parties with an interest enter a caveat against the property title deed/land registry records.
For example: when I acted as a trustee or liquidator back in South Africa, I had to immediately on appointment enter a *caveat* against the title deed to stop property being transferred out of the insolvent/liquidated estate
--------------------------------------------------
Note added at 1 hr 4 mins (2005-03-21 20:20:51 GMT)
--------------------------------------------------
Priority of caveat or certificate of pending litigation ... of registration
of title derived from tax sale. 373.72. Power of registrar to lodge caveat ...
www.qp.gov.bc.ca/statreg/stat/L/96250_00.htm - 147k - Cached - Similar pages
Land Title Act - Part 19
... a copy of it to the person against whose title the caveat has been lodged.
... (1) A caveat lodged under this Act lapses and ceases to affect the title ...
www.qp.gov.bc.ca/statreg/stat/L/96250_19.htm - 16k - Cached - Similar pages
[ More results from www.qp.gov.bc.ca ]
[PDF] Procedures Manual
File Format: PDF/Adobe Acrobat - View as HTML
... The Registrar\'s caveat acts as a warning to anyone searching the title that
... When a Registrar\'s caveat is endorsed against a certificate of title, ...
www3.gov.ab.ca/gs/pdf/ltmanual/.%5CCAV-3.pdf - Similar pages
Lands Title Office (Caveats) - Northern Territory Department of ...
... that person may be liable to pay compensation to someone who may have sustained
a loss as a result of the caveat. See section 146 of the Land Title Act. ...
www.nt.gov.au/justice/graphpages/landtitl/caveats.shtml - 18k - Cached - Similar pages
The Property Registry FAQ - Liens, Judgments and Caveats
... lien or caveat has been registered on your title, the title search will show
... in the mail telling me that a caveat has been registered on my title. ...
www.gov.mb.ca/tpr/faq09_liens.html - 20k - Cached - Similar pages
Law Clinic - Title in Art
... The buyer will not be able to assert his defective title in the event that
the holder of a better title appears. Caveat Emptor ...
www.axa-art.co.uk/cw/law/law2001/titleinart.html - 15k
--------------------------------------------------
Note added at 1 hr 5 mins (2005-03-21 20:21:33 GMT)
--------------------------------------------------
... 2. caveat against dealings, ie concerning land already registered ... the title
deeds for which are kept at the Island Record Office it is known a ...
www.nla.gov.jm/caveat.html - 10k - Cached - Similar pages
MSTaxDeeds.Com:Prospective Bidder Information
... In a quitclaim deed transaction, the common-law doctrine of caveat ...
right and title to the above-described property unto the said Grantee against the ...
www.mstaxdeeds.com/howweconvey.html - 16k - Cached - Similar pages
Customary marriages - Endorsements
... effect the necessary endorsement on title deed/s to reflect the name and status
... of deeds, such court order must be recorded as a caveat against the ...
www.ghostdigest.co.za/code/A_443.html - 24k - Cached - Similar pages
The Land Registry - Our Way Forward
... takes place a solicitor has to review the deeds in order to check the title,
... Claims may be protected by registration of caveat, caution against ...
www.landreg.gov.hk/en/way/title.htm - 55k - Cached - Similar pages
[PDF] CHIEF REGISTRAR S CIRCULAR NO
File Format: PDF/Adobe Acrobat - View as HTML
... The caveat that has been noted against a title deed of immovable property.
concerned, as referred to in paragraph 3.3.4, must remain until such time ...
www.lawsoc.co.za/.../specifictopics/property/ registrarscirculars/2000s/crc2004_07_miningtitlesact.pdf -
--------------------------------------------------
Note added at 1 hr 24 mins (2005-03-21 20:40:37 GMT)
--------------------------------------------------
FINAL: CAVEAT or CAUTIONARY NOTE
--------------------------------------------------
Note added at 2 hrs 24 mins (2005-03-21 21:40:35 GMT)
--------------------------------------------------
This is taken from a UK glossary of legal terms.
Caveat is certainly used in many English speaking countries/ex- protectorates in a land registry context (e.g. Australia, New Zealand, Canada, Hong Kong, Jamaica, South Africa as can be seen from the provided links) but in the UK CAUTION is preferred by the land registry
CAUTION i) Notice given to the Land Registry by any person with an interest in particular land to ensure that no action is taken in respect of the land without the person\'s knowledge
VS.
CAVEAT A notice given to the registrar that effectively prevents action by another party without first notifying the party entering the caveat
From the context it is NOT clear whether the land in question is at the present UNREGISTERED - if it is yes, then it is a CAUTION AGAINST FIRST REGISTRATION.
If not or if this is not known: the answer is caution/cautionary note or caveat - depending on your target audience
--------------------------------------------------
Note added at 2 hrs 24 mins (2005-03-21 21:41:02 GMT)
--------------------------------------------------
http://www.courtservice.gov.uk/cms/2714.htm#LC
--------------------------------------------------
Note added at 2 hrs 41 mins (2005-03-21 21:57:54 GMT)
--------------------------------------------------
FINAL: caution/cautionary note or caveat
--------------------------------------------------
Note added at 9 hrs 1 min (2005-03-22 04:17:25 GMT)
--------------------------------------------------
CAUTION (UK)
CAUTIONARY NOTE (US)
CAVEAT(Canada, Australia, New Zealand, South Africa, Hong Kong, Jamaica etc)
Peer comment(s):
| agree |
Fred ten Berge
: No obligatory reading -->Cave Canem! In my stream of conscience. Since being bitten by a big bouvier - -, near the town where Saint Petrus Canisius' daddy was burgomaster, once upon a time - -
1 day 4 hrs
|
|
:-) - the final answer is caution for the UK and if it proves from the text that this land is presently unregistered caution against first registration as Marijke says, but caveat indeed elsewhere as detailed above - keep well!
|
4 KudoZ points awarded for this answer.
Comment: "As ever with these things, extracts really don't provide any context, just a term in a column, so I'm sorry I couldn't expand on what I had. One of the first things I did was consult the UK Land Registry site, but having no idea what the Dutch meant, I wasn't going to be able to pick out the relevant English term ;)
I'm going with caution, and if the client choses to query it, I can give him chapter and verse as discussed here! Many thanks for all your input - it's very much appreciated."
+1
34 mins
Marijke Mayer
Netherlands
Netherlands
Native in Dutch
Netherlands
Good value for quality and accuracy
Native in: Dutch
Works in: Dutch to English, English to Dutch, French to English, and 5 more.
Related KudoZ points
:
4
Caution against first registration
There are five principal ways of protecting third party rights in land: <br/><br/>Caution: An entry on the register that shows the name and address of a person or organization that claims an interest in the registered land (or charge). It does not state the nature of that interest. A caution stops any dealing with the land (or charge) from being registered without the cautioner being given notice and the chance to object. <br/><br/>Inhibition: An entry in the register to prevent registration of dealings, usually used in connection with bankruptcy proceedings or to prevent fraud. <br/><br/>Restriction: An entry in the register used to protect an interest in the land or a charge and to restrict dealings. This method is used to protect the rights of a beneficiary under a trust. Most restrictions require the person who owns the interest to give their consent to the registration of the dealing, or to be notified about it. <br/><br/>Notice: An entry in the Charges Register giving notice of an interest or a claimed interest in land or a charge. A Notice may be an “Agreed Notice”, that is one entered on the register with the agreement of the owner; or a “Unilateral Notice”, that is one entered on the register without the owner’s agreement. A Notice confers priority on the interest claimed provided the interest is valid. <br/><br/>Caution against first registration: A person with a claim to an interest in unregistered land can apply to protect that interest. A Caution Title is prepared. If the interest claimed amounts to ownership of the land, the person must apply for the first registration of the property and cannot protect his interest by a caution.
http://www.infoland.no/nepublisher/pubEulis/glossary.asp?lan...
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Note added at 1 hr 46 mins (2005-03-21 21:02:17 GMT)
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Lucy, to answer your second question:
Same place:
http://www.infoland.no/nepublisher/pubEulis/index.asp?menuid...
see the applicable table on this page of the site.
\"einddatum recht\" (until year xxxx this right is valid). Excerpt of land registry;. general real property information ...
--------------------------------------------------
Note added at 7 hrs 32 mins (2005-03-22 02:48:54 GMT)
--------------------------------------------------
Lucy, as an answer to your note above, I found the Norwegian hit before realizing that you had, in fact, found it in your previous question. However, I feel that we do not have been given enough context here. In such cases where there is nothing else to go by, I put the Dutch in brackets after \"the English translationese\". Debbie might very well be right, but who\'s to know without further context!
Other than Van den End\'s \'Onroerend Goed Lexicon\', which often brings solace but is not a big help here, there is not a whole lot of reference material around.
aantekening recht (aantekeningen bij het object) notes on the property p.26 which I feel is wrong, it should be, if anything, \"notes on the title plan\" as per this hit, although I have no idea whether or not this fits in your context:
[PDF] Land Registry Public Guide 7 Mar 2003 - Title plans
Bestandsformaat: PDF/Adobe Acrobat
... in notes on the title plan or register;. black lines, which represent. boundary features such as walls,. are taken from Ordnance Survey ...
www.landreg.gov.uk/assets/ library/documents/public_guide_007.pdf
I feel you\'d do well to read this document, it might provide you with some good terminology.
Einddatum recht ?expiry date of the object/ title plan?
Einddatum (expiry date) p.241 too easy huh!
Ontleend aan (to derive from) p. 542, which I feel is the best you can do under these circumstances (context?).
I found some British glossaries which are also no great help: http://www.cheltglos.co.uk/mortgagesGlossary_0.html
and http://www.landregistry.gov.uk/legislation/commonhold/guide/...
There are plenty of Canadian hits on \'Land Registry glossary\' but they might get you too far if your target audience is British.
--------------------------------------------------
Note added at 7 hrs 34 mins (2005-03-22 02:51:08 GMT)
--------------------------------------------------
[P.S. The page numbers referred to are from Van den End\'s \'Onroerend Goed Lexicon\' and not from the landreg.gov.uk pdf! which I pasted to support the \'title plan\'.]
http://www.infoland.no/nepublisher/pubEulis/glossary.asp?lan...
--------------------------------------------------
Note added at 1 hr 46 mins (2005-03-21 21:02:17 GMT)
--------------------------------------------------
Lucy, to answer your second question:
Same place:
http://www.infoland.no/nepublisher/pubEulis/index.asp?menuid...
see the applicable table on this page of the site.
\"einddatum recht\" (until year xxxx this right is valid). Excerpt of land registry;. general real property information ...
--------------------------------------------------
Note added at 7 hrs 32 mins (2005-03-22 02:48:54 GMT)
--------------------------------------------------
Lucy, as an answer to your note above, I found the Norwegian hit before realizing that you had, in fact, found it in your previous question. However, I feel that we do not have been given enough context here. In such cases where there is nothing else to go by, I put the Dutch in brackets after \"the English translationese\". Debbie might very well be right, but who\'s to know without further context!
Other than Van den End\'s \'Onroerend Goed Lexicon\', which often brings solace but is not a big help here, there is not a whole lot of reference material around.
aantekening recht (aantekeningen bij het object) notes on the property p.26 which I feel is wrong, it should be, if anything, \"notes on the title plan\" as per this hit, although I have no idea whether or not this fits in your context:
[PDF] Land Registry Public Guide 7 Mar 2003 - Title plans
Bestandsformaat: PDF/Adobe Acrobat
... in notes on the title plan or register;. black lines, which represent. boundary features such as walls,. are taken from Ordnance Survey ...
www.landreg.gov.uk/assets/ library/documents/public_guide_007.pdf
I feel you\'d do well to read this document, it might provide you with some good terminology.
Einddatum recht ?expiry date of the object/ title plan?
Einddatum (expiry date) p.241 too easy huh!
Ontleend aan (to derive from) p. 542, which I feel is the best you can do under these circumstances (context?).
I found some British glossaries which are also no great help: http://www.cheltglos.co.uk/mortgagesGlossary_0.html
and http://www.landregistry.gov.uk/legislation/commonhold/guide/...
There are plenty of Canadian hits on \'Land Registry glossary\' but they might get you too far if your target audience is British.
--------------------------------------------------
Note added at 7 hrs 34 mins (2005-03-22 02:51:08 GMT)
--------------------------------------------------
[P.S. The page numbers referred to are from Van den End\'s \'Onroerend Goed Lexicon\' and not from the landreg.gov.uk pdf! which I pasted to support the \'title plan\'.]
Discussion
Concreet wil dat in dit geval dus zeggen:
Op het eigendomsaktes staat de heer X vermeld, maar de heer X is gehuwd met
mevrouw Y. (Dus het kan, afhankelijk van de exacte invulling van de eventuele huwelijkse voorwaarden, zijn dat de woning een gezamenlijk eigendom van mijnheer X mevrouw Y is.)"
https://www.startpagina.nl/v/maatschappij/wetgeving/vraag/50...
(in kadastraal bericht eigendom)
further particulars
Deborah - maybe I will just use "caution" since I have no way of knowing if they mean first registration (I could always bracket the "against first registration bit"). But "cautionary note" is a figure of speech in UK English, like "and, on a cautionary note, whilst we welcome [...]" I have found "cautionary note" used in US English, but my target readers are British.
That being the case, what is the "einddatum recht" - is the end of the period of registration?