Jul 24, 2018 14:33
5 yrs ago
4 viewers *
French term

zénith

French to English Law/Patents Real Estate
servitude de survol des lignes EDF jusqu'au zénith

It appears to mean up until the sky - indefinitely?

I'm looking for the legal translation of the term
Proposed translations (English)
4 +6 zenith
3 +6 including directly overhead
3 +1 sky
Votes to reclassify question as PRO/non-PRO:

Non-PRO (2): Yvonne Gallagher, GILLES MEUNIER

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Discussion

Tony M Jul 24, 2018:
@ Asker The definition, in non-technical language, would be "up to and including directly overhead"
AllegroTrans Jul 24, 2018:
Asker What prior research have you done already? What did you find? I am asking on the basis that you already have legal qualifications

Proposed translations

+6
12 mins

zenith

Declined
'The zenith is an imaginary point directly "above" a particular location, on the imaginary celestial sphere.'
http://en.wikipedia.org/wiki/Zenith

In practice, since this point doesn't actually exist, it means flying directly above the power lines as high as it's possible for an aircraft to fly.

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Note added at 15 mins (2018-07-24 14:49:14 GMT)
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'What we have here, of course, is a simple application of the ancient ad coelum
rule, which says that within the bounds of one’s property one owns from the nadir to the zenith, which permits all uses that take nothing belonging free and clear to others.'
http://object.cato.org/sites/cato.org/files/articles/constit...
The nadir is the opposite of the zenith.
Peer comment(s):

agree Tony M : Right term, but wrong explanation! This is about power lines flying above your property, nothing to do with aircraft :-)
38 mins
Yes, you're quite right. I misunderstood "survol".
agree writeaway : hard to get a legal translation for a non-legalese term
38 mins
Yes, I guess this is geography.
agree Michele Fauble
4 hrs
agree Nikki Scott-Despaigne : If you take "jusqu'au" and use "from the nadir to the zenith", then I see no pb with this suggestion at all.
6 hrs
agree GILLES MEUNIER
15 hrs
agree Elisabeth Gootjes
18 hrs
Something went wrong...
+1
24 mins

sky

Declined
Sometimes this is described as an easement, or right of way, from ground to sky, i.e., upward forever. See Para. B: http://www.rockwoodelectric.com/Engineering/PDFs/Electric Ea...
It's not strictly a legal term but the meaning is understood.

Peer comment(s):

agree writeaway : it's no more vague than zenith
27 mins
Thank you
disagree Tony M : Would be too vague for use in this legal context. / Be that as it may, your suggested term clearly would not work when used in this legal context. 'Zenith' is technically accurate, though still not legalese. 'Sky' is WAY too vague...
27 mins
OK but utility law is my specialty and I would expect to see something more like the doc at the "Rockwood" link supra. That's a binding legal agreement. Don't recall ever seeing zenith in this context in US, except referring to solar position - inapt here
agree Nikki Scott-Despaigne : "Sky" is fine, of course. For the "jusqu'au", then "from ground to ..." is good.
6 hrs
Something went wrong...
+6
1 hr
French term (edited): jusqu'au zénith

including directly overhead

Declined
I.e. it means "not just passing over the far corner of your land"

Low confidence level simply because I am not a legal specialist!

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Note added at 14 hrs (2018-07-25 05:04:06 GMT)
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It's important to understand that 'zénith' here has a specific meaning — it doesn't just measn 'cables running across the sky over your property'! It very specifically means 'running directly right above your head'.
Although we think of the sun as being at its zenith when it is at its highest point, this also means 'when it is directly overhead'.
Peer comment(s):

agree AllegroTrans : Interesting to note that the asker states that she IS a legal specialist! The law on easements as taught both at law degree and LPC level surely includes the equivalent English terms whereby an easement over land extends both vertically downwards & upward
23 mins
Thanks, C!
agree Ben Gaia
2 hrs
Thanks, Ben!
agree Nikki Scott-Despaigne : This work too, of course. The final choice would probably depend on other choices made in the rest of the document, modern legal English tending to move towards plainer choices where possible, altho' still bung full of some excellent olde worlde terme.
4 hrs
Thanks, Nikki! It is very important that it specifies 'right over your head', which is what this technical term means.
agree writeaway : you can raise your confidence level. This isn't actually legalese
5 hrs
Thanks, W/A! Indeed, not — though I did think there might be a more formal way of expressing it.
agree B D Finch
23 hrs
Thanks, B!
agree Yvonne Gallagher
2 days 17 hrs
Thanks, Yvonne!
Something went wrong...
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