Raumeigentumsgrundbuch

English translation: UK : Commonhold Title Part of the Land Register / Can. + Oz: Strata Title Register

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Raumeigentumsgrundbuch
English translation:UK : Commonhold Title Part of the Land Register / Can. + Oz: Strata Title Register
Entered by: Adrian MM.

10:29 Apr 26, 2021
German to English translations [PRO]
Law/Patents - Real Estate / UK English
German term or phrase: Raumeigentumsgrundbuch
Der Schuldner ist Eigentümer zu 1/2 Anteil des im Raumeigentumsgrundbuch von x Blatt x, laufende Nummer 1, zu 1 des Bestandsverzeichnisses eingetragenen 727/10000 Miteigentumsanteils an dem Grundstück

Raumeigentum: Raumeigentum ist das Sondereigentum an Räumen in Verbindung mit dem Miteigentumsanteil an
dem gemeinschaftlichen Eigentum, zu dem die Räume gehören. Raumeigentum kann nicht mit Miteigentum an mehreren Grundstücken verbunden werden.
Is there a similar concept in British law? I know you can own a flat and then all the flat owners co-own the building, but I'm not sure if there is a neat way of describing that sort of ownership. And I don't think it has a separate land registry? Any suggestions welcome. Thanks
Wendy Lewin
United Kingdom
Local time: 17:20
UK : Commonhold Title Part of the Land Register
Explanation:
I wasn't going to post a separate entry, but now will because of the anti-commonhold prejudice.

As the UK conveyancing solicitors and estate agents I have known post-inception of the 2002 Act don't really understand this type of 'tenure' of land, either, and IMO wrongly insist on mutual enforcement of noise-abatement etc. covenants between unit-holders, I see no harm using the term.

I assume this is Germany from the Bestandsverzeichnis, whereas in Austria Bestandverhältnis means a tenancy.

Commonhold in my own case takes the form of an extension of a long lease from 99 to 999 years, with a 'share of the freehold' extrapolated from the unit-holding.

In my Madrid law office, we used 'flying freehold' to delineate roughly 'horizontal property' for freehold apartments, but note that this 'bird' falls into a separate category from commonhold.

Note that land certs. in the UK in paper or digital > e-Conveyancing Protocol > form are divided into the property, proprietorship and charges register sections, as opposed to the Land Registry as a place..
Selected response from:

Adrian MM.
Austria
Grading comment
thanks
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2UK : Commonhold Title Part of the Land Register
Adrian MM.
4 +1Property Register for leasehold titles
Cillie Swart


Discussion entries: 5





  

Answers


56 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Property Register for leasehold titles


Explanation:
Sounds like this could be it. The equivalent in the UK of sectional title in South Africa seems to be leasehold title. The person only owns it for a specified period of time and it only needs to be registered if it is still going to be "owned" for another seven years or more.

But I think there is a possibility also that this is simply referring to land register and the word Raumeigentumsgrundbuch is used here instead of Liegenschaftsregister (property register) simply to emphasize the fact that it is referring to a part of a piece of land or part of it and not necessarily the entire property or buildings themselves.

Yet another option - register of hereditary building rights - see second reference (leo.org)


    https://www.gov.uk/government/news/changes-to-entry-1-in-the-property-register-for-leasehold-titles
    https://dict.leo.org/forum/viewWrongentry.php?idThread=1035826&lp=ende&lang=en
Cillie Swart
South Africa
Local time: 18:20
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Notes to answerer
Asker: Hi Cillie, thanks, but not sure because leasehold means you do not own the freehold, whereas in this case the person is a co-owner of the freehold. But maybe you are right and the registry is just about leasehold and does not take the particular details of this flat into account?


Peer comments on this answer (and responses from the answerer)
agree  Adrian MM.: commonhold title in the UK http://www.gov.uk/government/publications/commonhold/practic... // PS on Phil G's comment, I own in London a commonhold regd. as an extension of a long lease from 99 yrs to a 'virtual freehold' of *999* yrs.
1 hr
  -> Thank you!

neutral  philgoddard: I haven't found any evidence that it refers only to leaseholds rather than co-ownership of land and buildings.
2 hrs
  -> Thanks for the feedback !!

agree  TonyTK: .. with your second comment ("land register")
2 hrs
  -> Thanks !!

neutral  AllegroTrans: "leasehold" doesn't exist in civil law jurisdictions and I am unsure whether this is a part of the Land Register in any case
5 hrs

disagree  Andreas Hild: Leasehold are temporary rights; the term in effect is about "Wohnungseigentum". There is a clear distinction in the BGB (civil code of Germany) between "Eigentum" and "Besitz". The former is perpetual, whereas the latter is indifferent about temporality. 
1 day 4 hrs
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8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
UK : Commonhold Title Part of the Land Register


Explanation:
I wasn't going to post a separate entry, but now will because of the anti-commonhold prejudice.

As the UK conveyancing solicitors and estate agents I have known post-inception of the 2002 Act don't really understand this type of 'tenure' of land, either, and IMO wrongly insist on mutual enforcement of noise-abatement etc. covenants between unit-holders, I see no harm using the term.

I assume this is Germany from the Bestandsverzeichnis, whereas in Austria Bestandverhältnis means a tenancy.

Commonhold in my own case takes the form of an extension of a long lease from 99 to 999 years, with a 'share of the freehold' extrapolated from the unit-holding.

In my Madrid law office, we used 'flying freehold' to delineate roughly 'horizontal property' for freehold apartments, but note that this 'bird' falls into a separate category from commonhold.

Note that land certs. in the UK in paper or digital > e-Conveyancing Protocol > form are divided into the property, proprietorship and charges register sections, as opposed to the Land Registry as a place..

Example sentence(s):
  • The establishment of commonhold ownership in a property requires the ... of the commonhold ownership title in the land register
  • A flying freehold occurs where one freehold overhangs or projects into another.

    Reference: http://www.oesterreich.gv.at/en/themen/bauen_wohnen_und_umwe...
    Reference: http://www.lawsociety.org.uk/public/for-public-visitors/comm...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24
Grading comment
thanks

Peer comments on this answer (and responses from the answerer)
agree  Peter Lautz
15 hrs
  -> Danke and thanks.

neutral  Andreas Hild: Commonhold is close; but technically "Raumeigentum" is more like a strata title in Australia.
21 hrs
  -> Right. I'd actually included in my draft answer Canadian, Aussie and Kiwi strata title as well as Swiss 'Stockwerkeigentum', but past ProZ experience told me to keep out of those blazing rows.

agree  Lancashireman: As endorsed by the estimable Peter Lautz
1 day 2 hrs
  -> Thanks, Andrew.
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