burden writs

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tati-tatoo

Senior Member
French - France
Hi everyone. I have found this in an EVACUATION OF SURVIVORSHIP DISPOSITION that I am (trying) to translate into French.
Does anyone know what "burden writs" mean?
 
  • tati-tatoo

    Senior Member
    French - France
    Please give us the complete sentence in which you saw this. And some context.
    It is linked to this:
    Evacuation of survivorship

    Hi everyone. I am translating a document called "EVACUATION OF SURVIVORSHIP DISPOSITION" (into French, but before I translate that, I have to understand what it is about.)
    As far as I understand, it is something which is
    • Typical from Scotland, dating back to feudal times
    • Established when you could inherit a property and you declare that you cease it to someone else
    Can someone please help me understanding if I am right?

    (I found it here for example Registers of Scotland Manuals)
    "Burden writs"
    It is one of the clauses written inside there
    The Property is disponed ALWAYS WITH AND UNDER so far as valid, and subsisting and applicable the burdens, servitudes, conditions and other encumbrances contained in the Burden Writs.
    This is the only occurrence I have
     

    PaulQ

    Senior Member
    UK
    English - England
    Please see above for further details #4
    I don't think that is very helpful. Scots Law talks of Evacuation of Survivorship Destination, which is understood as Evacuation of {Survivorship Destination}, i.e. the destination (of ownership of real property) in respect of the survivor. However, it has an effect on the living as well, especially in the case of divorce.

    To evacuate (abandon) Survivorship Destination you will require a deed - not a "disposition". See Survivorship destinations.

    The "Burden Writs" are the clauses attached to the ownership of land in Scotland: they describe restrictions on what can be done with the property, the duties and rights of the owner of the property, any monies payable as a result of ownership, the rights of others over the property or parts of it, etc. i.e. the conditions attached to ownership that are additional to the "usual" rights of ownership.
     

    tati-tatoo

    Senior Member
    French - France
    The "Burden Writs" are the clauses attached to the ownership of land in Scotland: they describe restrictions on what can be done with the property, the duties and rights of the owner of the property, any monies payable as a result of ownership, the rights of others over the property or parts of it, etc. i.e. the conditions attached to ownership that are additional to the "usual" rights of ownership.
    Thanks, this helps. So in other words it is something typical from Scotland. Maybe this should be left in English then in my translation.
     
    Last edited:

    PaulQ

    Senior Member
    UK
    English - England
    This is the English Only Forum. Someone with a basic knowledge of French law will be able to help in the French Forum. :)
     

    tati-tatoo

    Senior Member
    French - France
    This is the English Only Forum. Someone with a basic knowledge of French law will be able to help in the French Forum. :)
    Yeah sure, but you just sounded like someone who knows when you "said" that the same idea exists in French law :D .
    At the end, since this is mentioned in the sentence as a reference document, I left it in English and put it in brackets... Seems a good compromise to me. But I learned lots of things today.
     
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