la radiation de l’annotation numéro XXXXXXXXX de droit d’emption en faveur de

English translation: to vacate/delete/remove annotation No. XXXXXXXX of the pre-emptive right in favour of

14:51 Sep 24, 2019
French to English translations [PRO]
Law/Patents - Real Estate / Swiss Real Estate
French term or phrase: la radiation de l’annotation numéro XXXXXXXXX de droit d’emption en faveur de
This appears in a Swiss "Requisition" document in a list. It is the last item in the list

ils requièrent de Monsieur la Conservateur du Registre foncier
[list item 1]
[list item 2]
[list item 3]
- la radiation de l’annotation numéro XXXXXXXXX de droit d’emption en faveur
de M.X et Mme Y.

I'm really not sure how to translate it and any help would be greatly appreciated (all help so far has been very useful, thank you).
Vivien Green
United Kingdom
English translation:to vacate/delete/remove annotation No. XXXXXXXX of the pre-emptive right in favour of
Explanation:
.
Selected response from:

AllegroTrans
United Kingdom
Local time: 13:57
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3to vacate/delete/remove annotation No. XXXXXXXX of the pre-emptive right in favour of
AllegroTrans
5the striking out of annotation number XX of the purchase right in favor of Mr. X and Ms. Y
Eliza Hall
3cancellation of noting made number XXXX of a right to buy (UK: binding purchase option)
Adrian MM.
3to delete annotation n° XXX granting the right of first refusal to Mr and Mrs Y.
Nikki Scott-Despaigne


Discussion entries: 4





  

Answers


25 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
to vacate/delete/remove annotation No. XXXXXXXX of the pre-emptive right in favour of


Explanation:
.

AllegroTrans
United Kingdom
Local time: 13:57
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 247
1 corroborated select project
in this pair and field What is ProZ.com Project History(SM)?
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  philgoddard
1 hr
  -> thanks Phil

agree  EirTranslations
1 hr
  -> go raibh maith agat ET

disagree  Eliza Hall: "Pre-emptive right" is a faux ami. It's a right to purchase real estate.
4 hrs
  -> it's not a simple unfettered right and it is pre-emptive as it pre-empts other would-be buyers

agree  B D Finch: Never seen "vacate" used in this way, but agree with the rest. For EN-US, I think it would be "to strike out".
4 hrs
  -> thank you

agree  SafeTex: Looks fine to me and in particular "pre-emptive" as the question is about real estate.
2 days 9 hrs
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
cancellation of noting made number XXXX of a right to buy (UK: binding purchase option)


Explanation:
Having worked in export in London South-West and using requisition forms, I think the requisition itself is an application to the Land Registrar.

I think the right to buy land in the UK would be called a purchase (vs. call of shares etc.) option and registrable as an 'estate contract' at the Land Registry.

I was going to use vacation myself, but Allegro beat me to it. Discharge would be used more for a mortgage (Scotland: standard security).

Example sentence(s):
  • Noting Required where the option to purchase affects part of the land, an interest/share, includes a plan, or (Oz) Torrens Title land.

    Reference: http://eng.proz.com/personal-glossaries/entry/15751765-pacte...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 74

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: "Right to buy" has other connotations (cf. leasehold reform and UK govt. policy re council tenants) so I think the "pre-emptive" element needs to stay in a translation//only the (potential) buyer in the agreement has the pre-emptive right, so no confusion
39 mins
  -> I do add purchase option. An assignee can share a right of 'emption'.//Pre-emption in CH means forcing the vendor to resell https://www.vd.ch/fileadmin/user_upload/themes/vie_privee/lo...

neutral  B D Finch: It is a pre-emptive right and this is a procedure peculiar to Switzerland.
3 hrs
  -> 1. an 'emptor' can share the right by assignment + 2. pre-emption in CH means forcing the vendor to resell to the option grantee www.vd.ch/fileadmin/user_upload/themes/vie_privee/logement/...
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1 day 24 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
to delete annotation n° XXX granting the right of first refusal to Mr and Mrs Y.


Explanation:
Another suggestion that avoids some of the iffy bits already raised, including:
- I prefer "to delete" to the use of "to strike out". I agree with Adrien's reserves on this point;
- to grant (of a right);
- "right of first refusal". This choice avoids the problem of "pre-emption" which is more often than not use in connection with the acquisiation of shares. This is a plain English solution which also gets round the "en faveur de" by enabling the term "to" to be used.
What do you think?

Nikki Scott-Despaigne
Local time: 14:57
Native speaker of: Native in EnglishEnglish
PRO pts in category: 74
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4 hrs   confidence: Answerer confidence 5/5
the striking out of annotation number XX of the purchase right in favor of Mr. X and Ms. Y


Explanation:
For "striking out" you could also say "removal" or "redaction." Literally it's crossing out (radier comes from rayer, to draw a line through something), but "striking out" is the more legal term.

As discussed in this and other ProZ threads, the droit d'emption is the right to purchase a certain piece of real estate at agreed-upon terms, and it can be recorded on property records so that the current owner/seller can't fraudulently sell the property to anyone else as long as your right to purchase exists. The recording of it on the property register is called an annotation:

"Il est possible de faire annoter ce droit au registre foncier..."
https://d-l.ch/fr/articles/le-droit-demption

In the text here, it seems someone is asking for that purchase right to be stricken from the property records (perhaps because it expired, but it could be for other reasons too).


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Note added at 1 day 2 hrs (2019-09-25 17:43:05 GMT)
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PS @BD Finch: There's nothing preemptive about this and the right is the right to purchase, not the right to register. When you have a droit d'emption you can register it on the land registry, but the actual right that you're registering is a right to purchase.

A right of first refusal is a preemptive right. That's not what this is. A sale contract, complete with all terms of sale, which provides that closing is to happen at some later point (specified or not) in time, isn't preemptive -- it's just a normal sale contract. As anyone who's bought a house knows, you sign the contract of sale well before you actually pay for and receive title to the house.

Eliza Hall
United States
Local time: 09:57
Works in field
Native speaker of: English
PRO pts in category: 40

Peer comments on this answer (and responses from the answerer)
neutral  B D Finch: It's a pre-emptive right to register a purchase of property.
29 mins
  -> It's not preemptive, and the right is a purchase right. You can register the purchase right, but that doesn't make it a "right to register."

neutral  Adrian MM.: We should be be mindful that the asker is in Scotland/ the UK: 1. strike out is used (of pleadings in) a court action and not for regd. land entries and 2. in favor of is AmE and goes to in favour of. //Merriam Webster is an American dictionary- N/A.
1 hr
  -> Strike out simply means to delete. It's not limited to court pleadings. https://www.merriam-webster.com/thesaurus/strike (out)

neutral  Nikki Scott-Despaigne: I've suggested "right to first refusal in the purchase of [whatever]". Probably a good idea to avoid using "striking out" with its ordinary meaning here, just for safety's sake.
1 day 20 hrs
  -> It IS NOT a Right of First Refusal. RFR = "if someone else makes an offer, you must tell me; if I want to match their price, you have to sell it to me." But this is a complete sales contract w/all terms (incl price), that you can close on later.
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