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mit befreiender Wirkung
konzentrative Belastbarkeit

Glossary entry

German term or phrase:

Bestandsfreiheit *Immobilien*

English translation:

vacant status (of property)

Added to glossary by Steffen Walter
Oct 16, 2004 13:53
20 yrs ago
3 viewers *
German term

Bestandsfreiheit

German to English Law/Patents Real Estate Reps & warranties regarding real estate
The above term is Austrian. It occurs within representations and warranties made by a company with regard to property/real estate.

The sentence reads:

"XYZ AG garantiert Lasten- und ***Bestandsfreiheit*** sowie die Freiheit von sonstigen Rechten Dritter."

freedom of [from] any encumbrances (Lasten) and ???

Googling was somewhat inconclusive but pointed to sth. like "freedom from [of] (pre-)existing leases".

MTIA for your help,

Steffen
Proposed translations (English)
4 property rights
3 lacking tenants

Discussion

Robert Schlarb Oct 16, 2004:
Yes. In effect, Lastenfreiheit refers to financial obligations, Bestandsfreiheit to any other rights. This includes leases but also other rights (as pointed out below). The point is, there are to be no strings attached and no skeletons in the closet.
Non-ProZ.com Oct 16, 2004:
@ Robert - Good suggestions but these would IMHO all be covered by the 'Freiheit von sonstigen Rechten Dritter', which to me is the real 'catch-all' in this sentence. This being the case, it'd be not really clear why they explicitly mention 'Bestandsfreiheit' before. Overcautious drafting?
Derek Gill Franßen Oct 16, 2004:
@ Steffen: I wouldn't either, considering the alternatives. ;-)
Non-ProZ.com Oct 16, 2004:
@ Derek: I wouldn't phrase it as you did since this does not seem to fit in the sentence.
Non-ProZ.com Oct 16, 2004:
Now I know - Christine was confronted with "Bestand*freiheit" (w/o the S).
Non-ProZ.com Oct 16, 2004:
@ Christine: So how come that I was unable to locate it?
@ Rienzi: Ja, l�uft gut.
Iris Schlagheck-Weber Oct 16, 2004:
Na Steffen, da biste mir gerade mal zuvorgekommen! Klappt's?
Christine Lam Oct 16, 2004:
Steffen, I have inquired about this term last week and was given an escellent explanation:(Au. real estate) with vacant possession; untenanted. Should be found in the glossary

Proposed translations

2 hrs
Selected

property rights

held by third parties is the gist of it in Austrian German, may be leases, contracts covering the use of a piece of the property (Wegerecht), Leibrente, usufactory rights etc, usufructuary rights, rights in kind -- basically the catchall to cover all derived property rights

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Note added at 2 hrs 55 mins (2004-10-16 16:48:40 GMT)
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ignore the \"usufactory rights\" please
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4 KudoZ points awarded for this answer. Comment: "Thank you very much for the explanation, Robert. Further web research seemed to hint to "Bestandsfreiheit" meaning, more specifically, the vacant status of the property (i.e. no tenants/lessees occupying/using the property) - see, for example, http://www.koren.at/Hauptseiten/bue.gh.kauf.htm I put it this way as any other third-party rights are already covered by the following phrase "Freiheit von sonstigen Rechten Dritter"."
15 mins

lacking tenants

:-)

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Note added at 17 mins (2004-10-16 14:10:44 GMT)
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Oh, Christine noted this already... sorry.
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