propiedad vinculada y amortizada

Discussion in 'Legal Terminology' started by ahbon, Nov 16, 2009.

  1. ahbon Senior Member

    España
    España
    Hola!
    "en los últimos años del Antiguo Régimen casi dos terceras partes de la superficie era propiedad vinculada o amortizada"
    Son tipos de propiedad del terreno propios del Antiguo Régimen; la propiedad vinculada es aquella que permitía a su titular explotarla pero no era libre para venderla; y la amortizada es toda aquella propiedad que no puede venderse por pertenecer a determinado colectivo, como iglesia, ayuntamiento, etc.

    Ahora bien, ¿cómo podrían traducirse estos términos al inglés? ¿Hay algún equivalente?
    ¡¡¡Muchas gracias!!!!
     
  2. NuwaChimuchiq Junior Member

    spanish
    I have nearly the same question. I am looking for the translation of "propiedad vinculada y reservada", thank you for your suggestions!
     
  3. NuwaChimuchiq Junior Member

    spanish
    I think I have it! What do you think about "entailed property", or "fee tail"? I found it in the dictionary of Alcaraz Varó.
    Regards
     
  4. litiga8or

    litiga8or Senior Member

    Oregon, USA
    Rainy Oregon! USA
    I don't think so. Fee tail means that the descendents get to use (but not sell) the property. Generation after generation, for hundreds of years. There must be a descendent -- not a church, school, park, or close family friend.

    How about "LIFE ESTATE" -- that means the person named in the deed (descendent or not) gets to use (but not sell) the property as long as they live.

    As for property transferred to a church or city or school for certain purposes, ... there's a special legal term for that, and I cannot think of it right now. But it's not fee tail or entailed. It's something else.
     
  5. Tochka Senior Member

    No se si eso es la palabra que buscan, pero...
    "Encumbered" property is a general expression to describe property that has conditions attached to its ownership. It could be encumbered by a covenant running with the land or by an easement, for example. (To "run with the land" means that the conditions of ownership stay with the land, no matter who owns it.)

    Real* property law is one of the oldest and most arcane areas of the common law.
    These links may be more confusing than helpful, but they may provide other vocabulary you can check in the dictionary so I am including them:
    This definition of "running with the land" has a discussion of covenants and this discusses easements.
    This article from the university of Miami is intended for law students and seems to discuss and compare various "real" covenants and how they are used.
    *NB: in English and American property law, the word "real" is used to refer to land. It does not mean "real" in the sense of non-imaginary, but derives from the Old French "réal" meaning "royal"--since all land was considered to be owned by the King.
     
    Last edited: Mar 6, 2013
  6. NuwaChimuchiq Junior Member

    spanish
    I was thinking on aplying the name of "entailed property" or "encumbered property" to the rights of indigenous peoples over their lands, which have several conditions like to be a land that can not be selled, or that these rights are imprescriptible and unattachable. These are collective land rights, therefore they must be passed to the next generation of people who live in the community. Thank you for your comments and the very useful information of Tochka.
     

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