отчуждаемое имущество не заложено

English translation: the immovable property/estate to be sold is free from all encumbrances

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Russian term or phrase:отчуждаемое имущество не заложено
English translation:the immovable property/estate to be sold is free from all encumbrances
Entered by: Erzsébet Czopyk

21:56 Jul 17, 2016
Russian to English translations [PRO]
Real Estate / Real Estate, Legal
Russian term or phrase: отчуждаемое имущество не заложено
До настоящего времени отчуждаемое недвижимое имущество согласно данных Единого государственного реестра прав на недвижимое имущество БГУ по ЗРПНИ никому не продано, не заложено, в споре и под запрещением (арестом) не состоит.

Thanks!
Leelia Pekarsky
Canada
Local time: 01:19
the immovable property/estate to be sold is free from all encumbrances
Explanation:
Obtain a non-encumbrance certificate from the Immovable Property Registration Office
Agency: Immovable Property Registration Office

The seller obtains, before signing the contract, the mortgage-free certification from the Immovable Property Registration Office.

http://articles.economictimes.indiatimes.com/2005-11-13/news...
A seller, a buyer and the description of the property to be sold, are the most important ingredients in a sale. Other key points are that it must be a transfer; and such a transfer must be of full ownership. The sale consideration would be the price paid or promised to be paid.

Transfer of property

Though a sale is a transfer of property, every transfer of property is not a sale. This is because a property can also be transferred to a person by way of lease, mortgage or gift. In these cases, the transfer is for a limited period only and no buyer or seller is involved. The seller must have a clear and marketable title to the property and must be competent enough to convey the property and should not suffer from any disability. He must be a person, major in age and of sound mind, and if the property is not his own, he must have the authority to transfer it.

Title to property

The title to property on sale must be free from all encumbrances, claims and court proceedings. One must note that encumbrance on a property will not make a title marketable. Existence of encumbrance found after completion of sale obligates the vendor to indemnify the purchaser, and an encumbered property cannot be forced upon a purchaser.


The document of title is said to be defective if there is a pending court case, a demand on the property easement right, or acquisition proceedings. As regards sale of property of a minor, permission must be obtained from the court concerned, as a minor cannot enter into a contract. However, in case of sale to a minor, it is enough if a guardian represents him, after obtaining the court's permission.


Administrative fees of General Authority for State Registration is determined by the Government Resolution No. 237 dated September 15, 2010. According to the Government Resolution providing “detailed reference” relating to immovable property the fees are as follows: MNT 5, 000 to obtain a non-encumbrance certificate within 3 days, expedited service MNT 10, 000 (to obtain a non-encumbrance certificate within 1 day or 8 business hours).

--------------------------------------------------
Note added at 4 hrs (2016-07-18 02:01:13 GMT)
--------------------------------------------------

http://articles.economictimes.indiatimes.com/2005-11-13/news...

--------------------------------------------------
Note added at 11 hrs (2016-07-18 09:00:51 GMT)
--------------------------------------------------

Dear Leeila, of course, yes, "free from all encumbrances, claims and court proceedings" is a usual wording

--------------------------------------------------
Note added at 19 hrs (2016-07-18 17:01:42 GMT)
--------------------------------------------------

Dear Leeila, this is a greta community and as you see it works :)

--------------------------------------------------
Note added at 19 hrs (2016-07-18 17:03:02 GMT)
--------------------------------------------------

Dear Leeila, this is a great community and as you see, I still make typos :) I am very happy if my suggestion was helpful.
Selected response from:

Erzsébet Czopyk
Hungary
Local time: 07:19
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4the immovable property/estate to be sold is free from all encumbrances
Erzsébet Czopyk


  

Answers


4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
the immovable property/estate to be sold is free from all encumbrances


Explanation:
Obtain a non-encumbrance certificate from the Immovable Property Registration Office
Agency: Immovable Property Registration Office

The seller obtains, before signing the contract, the mortgage-free certification from the Immovable Property Registration Office.

http://articles.economictimes.indiatimes.com/2005-11-13/news...
A seller, a buyer and the description of the property to be sold, are the most important ingredients in a sale. Other key points are that it must be a transfer; and such a transfer must be of full ownership. The sale consideration would be the price paid or promised to be paid.

Transfer of property

Though a sale is a transfer of property, every transfer of property is not a sale. This is because a property can also be transferred to a person by way of lease, mortgage or gift. In these cases, the transfer is for a limited period only and no buyer or seller is involved. The seller must have a clear and marketable title to the property and must be competent enough to convey the property and should not suffer from any disability. He must be a person, major in age and of sound mind, and if the property is not his own, he must have the authority to transfer it.

Title to property

The title to property on sale must be free from all encumbrances, claims and court proceedings. One must note that encumbrance on a property will not make a title marketable. Existence of encumbrance found after completion of sale obligates the vendor to indemnify the purchaser, and an encumbered property cannot be forced upon a purchaser.


The document of title is said to be defective if there is a pending court case, a demand on the property easement right, or acquisition proceedings. As regards sale of property of a minor, permission must be obtained from the court concerned, as a minor cannot enter into a contract. However, in case of sale to a minor, it is enough if a guardian represents him, after obtaining the court's permission.


Administrative fees of General Authority for State Registration is determined by the Government Resolution No. 237 dated September 15, 2010. According to the Government Resolution providing “detailed reference” relating to immovable property the fees are as follows: MNT 5, 000 to obtain a non-encumbrance certificate within 3 days, expedited service MNT 10, 000 (to obtain a non-encumbrance certificate within 1 day or 8 business hours).

--------------------------------------------------
Note added at 4 hrs (2016-07-18 02:01:13 GMT)
--------------------------------------------------

http://articles.economictimes.indiatimes.com/2005-11-13/news...

--------------------------------------------------
Note added at 11 hrs (2016-07-18 09:00:51 GMT)
--------------------------------------------------

Dear Leeila, of course, yes, "free from all encumbrances, claims and court proceedings" is a usual wording

--------------------------------------------------
Note added at 19 hrs (2016-07-18 17:01:42 GMT)
--------------------------------------------------

Dear Leeila, this is a greta community and as you see it works :)

--------------------------------------------------
Note added at 19 hrs (2016-07-18 17:03:02 GMT)
--------------------------------------------------

Dear Leeila, this is a great community and as you see, I still make typos :) I am very happy if my suggestion was helpful.

Erzsébet Czopyk
Hungary
Local time: 07:19
Does not meet criteria
Native speaker of: Native in HungarianHungarian
PRO pts in category: 4
Grading comment
Selected automatically based on peer agreement.
Notes to answerer
Asker: HI Erzsebet and thank you. The document is a Deed of a Gift of an apartment. Does this term work fine in this particular context on your opinion? I am very new to the topic. Thank you.

Asker: Thank you so much, Erzsebet, that was a GREAT help! i saw "encumbrence" before, but wasn't sure how exactly it fitted in a similar context.


Peer comments on this answer (and responses from the answerer)
agree  Olga Theobald
5 hrs
  -> Cпасибо большое за поддeржку!

agree  LilianNekipelov
6 hrs
  -> Cпасибо большое за поддeржку!

agree  David Knowles: Or: is unencumbered //Not a correction - just a simpler alternative!
14 hrs
  -> Dear David, thank you for the correction and your support

agree  Ilan Rubin (X)
15 hrs
  -> Thank you very much for your kind attention and support.
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also:
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search