Glossary entry

Portuguese term or phrase:

em regime de propriedade horizontal

English translation:

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

Added to glossary by Adrian MM.
Jul 8, 2021 09:20
2 yrs ago
53 viewers *
Portuguese term

em regime de propriedade horizontal

Portuguese to English Law/Patents Law: Contract(s) Literatura
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
Change log

Jul 14, 2021 15:28: Adrian MM. Created KOG entry

Proposed translations

+5
43 mins
Portuguese term (edited): em regime de propriedade horizontal
Selected

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

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:

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.

Peer comment(s):

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 KudoZ points awarded for this answer. Comment: "Thank you very much! "
+1
37 mins

freehold property/building

Example sentence:

On the tenure of households, we have rural (customary tenure) and urban (freehold, leasehold and defacto).

Peer comment(s):

agree Mario Freitas :
13 hrs
Obrigada, Mário!
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4 hrs

horizontal property regime/system

:) 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...
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Reference comments

49 mins
Reference:

commonhold ownership

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
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