Servitude de vue

English translation: easement of view

12:49 Dec 14, 2021
French to English translations [PRO]
Law/Patents - Real Estate
French term or phrase: Servitude de vue
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?
Séverine Watson
France
Local time: 09:19
English translation:easement of view
Explanation:
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.
Selected response from:

Francois Boye
United States
Local time: 03:19
Grading comment
First validated answer (validated by peer agreement)
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2easement of view
Francois Boye
4 -2the right to make openings or windows
Paul P Varghese
Summary of reference entries provided
fwiw/hth
writeaway

Discussion entries: 3





  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -2
the right to make openings or windows


Explanation:
to enjoy the view through the estate of another and the power to prevent all constructions or works

Paul P Varghese
India
Local time: 12:49
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
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
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
easement of view


Explanation:
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.

Francois Boye
United States
Local time: 03:19
Native speaker of: Native in FrenchFrench
PRO pts in category: 34
Grading comment
First validated answer (validated by peer agreement)

Peer comments on this answer (and responses from the answerer)
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!
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Reference comments


14 mins peer agreement (net): +4
Reference: fwiw/hth

Reference information:
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-...

writeaway
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 90

Peer comments on this reference comment (and responses from the reference poster)
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
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