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em regime de propriedade horizontal

English translation: the tenure being flying freehold > AmE: condo-based BrE: commonhold OzE: strata-titled

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase: em regime de propriedade horizontal
English translation:the tenure being flying freehold > AmE: condo-based BrE: commonhold OzE: strata-titled
Entered by: Adrian MM.

09:20 Jul 8, 2021
Portuguese to English translations [PRO]
Law/Patents - Law: Contract(s) / Literatura
Portuguese term or phrase: em regime de propriedade horizontal
Tenho algumas dúvidas quanto à tradução desta expressão num contrato. De momento tenho duas possíveis traduções:

freehold regime ou properties in horizontal proprietorship regime

Para contextualizar: ...do prédio urbano, em regime de propriedade horizontal, sito na Rua...


Será que me podem dar a vossa opinião?

Muito obrigada
Bruna Santanita
Portugal
Local time: 13:33
the tenure being flying freehold > AmE: condo-based BrE: commonhold OzE: strata-titled
Explanation:
Flying freehold had - as a rough-and-ready approximation - been used in our Madrid law office for the Spanish 'horizontal property' equivalent and had been accepted by local UK and US accountancy firms alike, albeit half a century before introduction of the UK system or regime of commonhold tenure.

'Commonhold is a system of property ownership in England and Wales. It involves the indefinite freehold tenure of part of a multi-occupancy building (typically a flat) with shared ownership of and responsibility for common areas and services. It has features of the strata title and the condominium systems, which exist in Australia and the United States respectively. It was introduced by the Commonhold and Leasehold Reform Act 2002 as an alternative to leasehold, and was the first new type of legal estate to be introduced in English law since 1925'
Selected response from:

Adrian MM.
Austria
Grading comment
Thank you very much!
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +5the tenure being flying freehold > AmE: condo-based BrE: commonhold OzE: strata-titled
Adrian MM.
3 +1freehold property/building
Ana Vozone
3horizontal property regime/system
Clauwolf
Summary of reference entries provided
commonhold ownership
Mark Robertson

  

Answers


37 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
freehold property/building


Explanation:
Sugiro que dê "a volta à frase" ...

https://www.google.com/search?q="freehold property" portugal...

https://www.google.com/search?q="urban freehold" portugal&sx...

Example sentence(s):
  • On the tenure of households, we have rural (customary tenure) and urban (freehold, leasehold and defacto).
Ana Vozone
Local time: 13:33
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 174

Peer comments on this answer (and responses from the answerer)
agree  Mario Freitas:
13 hrs
  -> Obrigada, Mário!
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43 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +5
em regime de propriedade horizontal
the tenure being flying freehold > AmE: condo-based BrE: commonhold OzE: strata-titled


Explanation:
Flying freehold had - as a rough-and-ready approximation - been used in our Madrid law office for the Spanish 'horizontal property' equivalent and had been accepted by local UK and US accountancy firms alike, albeit half a century before introduction of the UK system or regime of commonhold tenure.

'Commonhold is a system of property ownership in England and Wales. It involves the indefinite freehold tenure of part of a multi-occupancy building (typically a flat) with shared ownership of and responsibility for common areas and services. It has features of the strata title and the condominium systems, which exist in Australia and the United States respectively. It was introduced by the Commonhold and Leasehold Reform Act 2002 as an alternative to leasehold, and was the first new type of legal estate to be introduced in English law since 1925'

Example sentence(s):
  • Flying freeholds arise when part of one property is built on top of part of another property and so the upper property owner does not own the building or land underneath the "flying" part.

    Reference: http://www.proz.com/kudoz/portuguese-to-english/law-general/...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 48
Grading comment
Thank you very much!

Peer comments on this answer (and responses from the answerer)
agree  Mark Robertson
6 mins
  -> Thanks, Mark, and obrigado.
agree  Sergio Carré
1 hr
  -> Obrigado, Sergio, and thanks.
agree  ulissescarvalho
10 hrs
  -> Muito obrigado and thanks.
agree  Mario Freitas:
13 hrs
  -> Muito obrigado, Mario, and thanks.
agree  Fabian Deckwirth
22 hrs
  -> Muito obrigado, gracias und danke schön.
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
horizontal property regime/system


Explanation:
:) Vários hits na Internet

A horizontal property regime allows units within one building to be sold and owned separately and owners of those units to own a common right in common areas of the building and property.28 de dez. de 2018

What is a Horizontal Property Regime? - Steinberg Law Firmhttps://www.steinberglawfirm.com › blog › what-is-a-hori...


Clauwolf
Local time: 09:33
Works in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 188
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Reference comments


49 mins
Reference: commonhold ownership

Reference information:
in commonhold ownership


Explanation:
A commonhold can only be created out of freehold land, or a freehold building, and comes into effect when the land is registered at the Land Registry as a commonhold. A commonhold can be a new building or an existing building, or land which has not been built on.

Once the commonhold is in place, the new law provides a formal framework of the rights and obligations that apply between the unit-holders, and between the unit-holders and the commonhold association.

The framework is relatively simple.

The freehold estate in commonhold land is divided into units and common parts. A unit may be a flat, or it may be used for a business (such as an office or shop), and could include a garage or a parking space. The Land Registry will create a registered title for each unit and one for the common parts.
Each unit-holder owns the freehold of a unit. This means there will be no restrictions on selling or transferring the units and forfeiture will not apply. (Forfeiture is where a lease can be ended and ownership of the property transfers back to the landlord.) However, you must use the property in line with the rules of the commonhold.
The common parts are all the parts of the building that are not contained in a unit, for example, in a commonhold of a block of flats, the common parts will include the actual structure of the building (the walls and roof, the lift and the stairs and so on), and shared areas such as the corridors and entrance hall, the car park and so on. The freehold of the common parts is owned by the commonhold association.

https://www.lease-advice.org/advice-guide/commonhold/

https://www.legislation.gov.uk/ukpga/2002/15/contents

Mark Robertson
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 506
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