Dec 14, 2021 12:49
2 yrs ago
39 viewers *
French term
France
Technical Translator FR/ES --> EN
Native in: English (Variants: British, UK)
Works in: French to English, Spanish to English
Servitude de vue
FVA
French to English
Law/Patents
Real Estate
Context: Court ruling resolving a dispute between neighbours.
One neighbour has created openings (doors/windows) on the side of the house that looks out onto the neighbour's property.
"...il ne semble pas que M XXX ait autorisé cette servitude de vue..."
I don't believe you can talk about 'easement' here (correct me if I'm wrong).
I was thinking of translating this term by "right to light".
Thoughts?
One neighbour has created openings (doors/windows) on the side of the house that looks out onto the neighbour's property.
"...il ne semble pas que M XXX ait autorisé cette servitude de vue..."
I don't believe you can talk about 'easement' here (correct me if I'm wrong).
I was thinking of translating this term by "right to light".
Thoughts?
Proposed translations
(English)
| 4 +2 | easement of view |
Francois Boye
|
| 4 -2 | the right to make openings or windows |
Paul P Varghese
|
Proposed translations
+2
1 hr
Francois Boye
United States
United States
Native in French
United States
An economic geek with social skills
Native in: French 
Works in: English to French, French to English, Spanish to English, and 1 more.
Related KudoZ points
:
34
Selected
easement of view
the easement of view is the right to make openings or windows, to enjoy the view through the estate of another and the power to prevent all constructions or works which would obstruct such view or make the same difficult.
Peer comment(s):
| agree |
Nikki Scott-Despaigne
: Also "easement of view and light". It would help the Asker to cite sources. THis?:https://www.alburolaw.com/easement-of-light-and-view. The actual term will depend on where the target reader is, but above all else, the meaning of the French.
5 hrs
|
| agree |
Adrian MM.
: https://www.proz.com/kudoz/french-to-english/real-estate/702...
6 hrs
|
|
THanks!
|
4 KudoZ points awarded for this answer.
Comment: "First validated answer (validated by peer agreement)"
-2
9 mins
Paul P Varghese
India
India
Native in English
India
Translator with 6+ years of experience.
Native in: English 
Works in: Hindi to English, Spanish to English, Afrikaans to English, and 19 more.
the right to make openings or windows
to enjoy the view through the estate of another and the power to prevent all constructions or works
Peer comment(s):
| neutral |
writeaway
: convincing references
2 mins
|
| disagree |
Daryo
: No "une servitude" is an obligation // the adjoining property is the one that's got rights.
1 hr
|
| agree |
Bourth
: For example.
1 hr
|
| disagree |
AllegroTrans
: You have simply ignored "servitude" which in this case is a legally binding right or obligation created by French statute
1 hr
|
| disagree |
Nikki Scott-Despaigne
: Unfortunately, although you found an interesting source, you did not cite it completely and omitted key elements in the text selected.
7 hrs
|
Reference comments
14 mins
Reference:
fwiw/hth
Dans le but d'éviter les conflits de voisinage, le Code civil a réglementé d'une manière détaillée les conditions dans lesquelles un propriétaire peut, sans l'autorisation de son voisin, ouvrir des fenêtres ou des ouvertures plongeant sur la propriété contiguë à la sienne. Ces restrictions constituent une servitude légale dite "servitude de vue". On dit "pratiquer une vue" dans un mur.
https://www.dictionnaire-juridique.com/definition/servitude-...
https://www.dictionnaire-juridique.com/definition/servitude-...
Peer comments on this reference comment:
| agree |
Daryo
1 hr
|
| agree |
AllegroTrans
: Yes, effectively there are statutory servitudes pertaining to residential properties whereas in GB these would be simply planning restrictions
1 hr
|
| agree |
Michele Fauble
4 hrs
|
| agree |
Nikki Scott-Despaigne
: The first step is to find what it truly means in French, then to find a form of words that gets that meaning across as accurately as possible.
7 hrs
|
|
For sure
|
Discussion
However, when the building permit was filed, the town planning department simply referred the applicant back to the Civil Code on property limits and views saying that the work could be subject to recourse.
Easement of light may be the nearest equivalent for a UK audience in this case, just for my own information is 'right to light' to be avoided?
Here's a take on the UK easement, licence, right, etc. Note the importance of the distinction between "light" and "view". Not thesame thing. http://www.hip-consultant.co.uk/blog/protecting-a-right-to-a...
What's important in the long run though, is rendering the FR source as accurately as possible. The key point is: what does the FR mean? And for that, an official French source should be tracked down.
See https://beta.southglos.gov.uk/wp-content/uploads/Assessing-r...
and a recent question here:
https://www.proz.com/kudoz/french-to-english/real-estate/702...
So you have to express it in more or less simple English, e.g. 'it would appear that X did not authorize these outlooks onto / these windows overlooking his property'.
The 'servitude' business assumes, of course, that the windows created are within France's legal separation distances (0.6m or 1.9m from the boundary line, depending on layout). Otherwise windows may be created without permission.
You'll find helpful diagrams here:
https://perie-archi.fr/servitude-de-vue/