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faire une mise en demeure
Maccs
Mar 19, 2021 12:02
3 yrs ago
39 viewers *
French term

déprécier l'usage d'un immeuble

French to English Law/Patents Law (general)
Promise of sale

"Le PROMETTANT s'interdit pendant toute la durée de validité des présentes, d'aliéner, au profit d'un autre, tout ou partie du bien vendu, de conférer aucun droit réel ni charge quelconque sur ledit bien, de le louer (sauf stipulations particulières et expresses des présentes), et d'accomplir tout acte ou de consentir à tout fait et action qui aurait pour effet d'affecter notablement sa nature ou sa consistance, ou d'en déprécier la valeur ou l'usage."

Trying to understand how you can "depreciate the use" of a property. I'm assuming that usage here is meant in the sense of destination, i.e. "intended use". The property in question is a residential property. So maybe they mean "impair the intended use" by doing something to it which makes this "less" of a residential property and more like some other kind of property.
Proposed translations (English)
4 +3 impair its financial value or usability
3 +2 depreciate in value or use, or depreciate its value or use.
4 lower its value for its intended purpose
2 +1 to blight the use of a property

Discussion

AllegroTrans Mar 22, 2021:
It is not a restrctive covenant at all Restrictive covenants (servitudes en francais) attach to the land not a person. In this case it is a condition of the sale contract. Marco: it is a "promise" of sale but we don't use that term in English, we call this a sale agreement or contract
Daryo Mar 20, 2021:
@ Marco Solinas you are right - it is a kind of "restrictive covenant" but the opposite of the usual one - it's binding the seller (not the buyer) and in the period before the sale (not after the sale).
Marco Solinas Mar 20, 2021:
It is a promise of sale It is important to keep in mind that this is a promise of sale, not a deed of sale. The restrictions apply during the period of validity of the "présentes" (the promise of sale). It can be reasonably presumed that they will no longer apply after the sale is finalized.
Saeed Najmi Mar 19, 2021:
@AllegroTrans: I might agree that what is ''impaired'' is ''the fitness for use'' rather than the use itself. My concern being to share my own perception of the source phrase, I overlooked wording details. As for ''destination of use'', meaning ''purpose of use'', I am afraid it is feasible in English.
AllegroTrans Mar 19, 2021:
@Saeed:"usage" is not "depreciated" but "fitness for use" is "impaired"; we would never use "destination" in English in this context as it as a word implying a place or location
Saeed Najmi Mar 19, 2021:
My understanding is if the use of part of the property is allowed for some destination other than residence, say if part of it is used for some business or leisure activity, the value and usage of the entire residence is hence depreciated.
Conor McAuley Mar 19, 2021:
Good idea Marco. Phil is possibly right too.

It's a strange/unclear (to me, anyway) way of phrasing the intended meaning, and/or we need a native speaker of French for an opinion.
Marco Solinas Mar 19, 2021:
To Asker Have you considered the possibility that, in this case, "usage" might mean "useful life"?
Mpoma (asker) Mar 19, 2021:
@AllegroTrans but what about the ou in that case? The phrasing couldn't be clearer: EITHER impair the value OR depreciate/impair ... something else. Rather like your "fitness for purpose" suggestion...
AllegroTrans Mar 19, 2021:
Mpoma I don't read this as "making it "less" of a residential property and more like some other kind of property". Surely what is meant is doing something (e.g. knocking half of it down) that lowers it value

Proposed translations

+3
1 hr
Selected

impair its financial value or usability

This is closer to the French than the previous suggestions. And I don't believe it means "change its intended use to something less valuable".
Peer comment(s):
agree Angus Stewart
47 mins
agree Emmanuella
1 hr
neutral AllegroTrans : "fitness for use" rather than "usability", which doesn't have quite the same meaning
2 hrs
agree Saeed Najmi
4 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
+2
23 mins

depreciate in value or use, or depreciate its value or use.

Hi Mpoma,
I think that here you have to look at something like any action which will depreciate the value of the propriety by changing its intended use to something which is less valuable. In which case, the value in price would fall. The intended use of the propriety having changed, the new use would induce a fall in value.
Peer comment(s):
agree AllegroTrans : depreciate in value or fitness for purpose
1 hr
Thankyou
neutral philgoddard : I don't think you can say "depreciate in use" or "depreciate its use".
1 hr
Quite possibly, these were floated as idea's and possibly to put Mpoma on the right track.
agree Yvonne Gallagher : "you were first" as someone likes to say//not here they haven't
2 days 1 hr
Thankyou. But some people can always come up with some thing more precis
Something went wrong...
+1
1 hr

to blight the use of a property

ou d'en déprécier la valeur ou l'usage ... in ENG LAW may boli down to > will be liable for waste...



--------------------------------------------------
Note added at 1 heure (2021-03-19 13:30:05 GMT)
--------------------------------------------------

may boil down to...
Example sentence:

Waste is a term used in property law to describe a cause of action that can be brought in court to address a *change in condition* of real property brought about by a current tenant that *damages or destroys the value of that property.*

Property blight (sometimes referred to as 'planning blight' or 'blighted land') is the reduction in marketability and value of land as a result of a public sector decision.

Reference:

http://www.jstor.org/stable/1109978?seq=1#metadata_info_tab_contents

http://en.wikipedia.org/wiki/Waste_(law)

Peer comment(s):
agree Daryo : that's the idea
10 hrs
Lepo hvala, merci and thanks.
Something went wrong...
25 mins

lower its value for its intended purpose


e.g. "à usage commercial"

https://www.lelynx.fr/assurance-habitation/profil/locataire/...

--------------------------------------------------
Note added at 29 mins (2021-03-19 12:31:18 GMT)
--------------------------------------------------

"Changement d'usage et changement de destination


La transformation d'un local d'habitation en local professionnel nécessite une démarche administrative préalable.



La notion d'usage, qui relève du code de la construction et de l'habitation, concerne le profil juridique d'un immeuble d'habitation qui fait l'objet d'une protection particulière dans certains cas. Elle ne doit pas être confondue avec la notion de destination qui relève du code de l'urbanisme (ce pour quoi un immeuble a été conçu ou transformé)."

https://www.expertise-immobiliere-aquitaine.fr/b/changement-...

--------------------------------------------------
Note added at 2 hrs (2021-03-19 14:27:35 GMT)
--------------------------------------------------

I agree with your interpretation Mpoma.

Say, if you remove bath or shower facilities from a residential property, it makes the property less suitable for residential use -- tenants can't wash fully in the property any more.

All that being said, I think we need confirmation from a native speaker, as the term is a bit peculiar, haven't come across it before.
Peer comment(s):
agree AllegroTrans
58 mins
Thanks Chris!
neutral philgoddard : I don't think it's right to render "ou" as "for".
1 hr
disagree Daryo : I can't see a link of the "for" type between "déprécier la valeur d'un immeuble" and "déprécier l'usage d'un immeuble" - in the ST they are simply presented as two independent items in the same list.
11 hrs
Like with another recent question, I think we need a French native speaker's input.
Something went wrong...
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