Glossary entry (derived from question below)
English term or phrase:
Priority notice
Hungarian translation:
elsőbbségi bejegyzés
Added to glossary by
VBA
May 28, 2013 16:18
10 yrs ago
English term
Priority notice
English to Hungarian
Bus/Financial
Real Estate
Ingatlan bérleti szerződésben szerepel:
"The Parties to the agreement need to have the lease agreement entered in the [..] Land Register Section [...](“priority notice”). " Valamiféle széljegyzet lenne ez?
"The Parties to the agreement need to have the lease agreement entered in the [..] Land Register Section [...](“priority notice”). " Valamiféle széljegyzet lenne ez?
Proposed translations
(Hungarian)
5 +1 | elsőbbségi bejegyzés | JANOS SAMU |
4 +1 | széljegy | Eva Blanar |
Proposed translations
+1
1 day 7 hrs
Selected
elsőbbségi bejegyzés
Földtulajdon esetében használják tulajdonjog elsőbbséggel történő bejegyzésének biztosítására abban az esetben, amikor várhatóan többen is pályáznak a földtulajdonra, de a jelzálogkölcsön még nincs biztosítva. Magyarországi viszonylatban ez nem létezik. Itt a részletes leírás, hogyan működik a dolog:
Application for registration of a priority notice must be made using form K6.
Any person intending to make an application for the registration of any contemplated charge, instrument or other matter may give a priority notice in the prescribed form at least fifteen working days before the registration is to take effect.
The priority notice is entered in the register to which the intended application, when made, will relate. If the application is then presented within thirty working days of the registration of the priority notice and refers in the prescribed manner to the notice, the registration shall take effect as if the registration had been made at the time when the charge, instrument or matter was created, entered into, made or arose.
Consider the following situation: A takes a mortgage without the title deeds on 1 May, B takes a mortgage without the title deeds on 10 May, A registers on 11 May, B registers on 20 May, C takes a mortgage without the deeds on 30 May and registers.
The order in which the parties rank, whether their mortgages are legal or equitable, is B-A-C. This is because A's mortgage, though created before B's was created, and registered before B's was registered, was, nevertheless, not registered upon completion of B's mortgage. It is therefore void under s.4(5), LCA 1972 against B. It is not void against C because its registration was effected before completion of C's mortgage on 30 May.
However if you act for lender A and you anticipate that another mortgage will be completed shortly you may preserve your client's priority by registering a priority notice. For example you apply for a priority notice on 9 April. You take the mortgage on 1 May as above. The second mortgage to B completes on 10 May and you apply for registration of a C(i) land charge on 11 May, referring in the prescribed manner to the priority notice. The registration takes effect as at 1 May. The order in which the parties rank, whether their mortgages are legal or equitable, is then A-B-C.
Particulars of the register to which the intended application for registration will relate must be given together, if the intended registration is a land charge, with the class and sub-class.
Where an application for registration is made pursuant to a priority notice, it must refer to that notice by citing the official reference number that has been allocated to it (r.7, LCR 1974).
Application for registration of a priority notice must be made using form K6.
Any person intending to make an application for the registration of any contemplated charge, instrument or other matter may give a priority notice in the prescribed form at least fifteen working days before the registration is to take effect.
The priority notice is entered in the register to which the intended application, when made, will relate. If the application is then presented within thirty working days of the registration of the priority notice and refers in the prescribed manner to the notice, the registration shall take effect as if the registration had been made at the time when the charge, instrument or matter was created, entered into, made or arose.
Consider the following situation: A takes a mortgage without the title deeds on 1 May, B takes a mortgage without the title deeds on 10 May, A registers on 11 May, B registers on 20 May, C takes a mortgage without the deeds on 30 May and registers.
The order in which the parties rank, whether their mortgages are legal or equitable, is B-A-C. This is because A's mortgage, though created before B's was created, and registered before B's was registered, was, nevertheless, not registered upon completion of B's mortgage. It is therefore void under s.4(5), LCA 1972 against B. It is not void against C because its registration was effected before completion of C's mortgage on 30 May.
However if you act for lender A and you anticipate that another mortgage will be completed shortly you may preserve your client's priority by registering a priority notice. For example you apply for a priority notice on 9 April. You take the mortgage on 1 May as above. The second mortgage to B completes on 10 May and you apply for registration of a C(i) land charge on 11 May, referring in the prescribed manner to the priority notice. The registration takes effect as at 1 May. The order in which the parties rank, whether their mortgages are legal or equitable, is then A-B-C.
Particulars of the register to which the intended application for registration will relate must be given together, if the intended registration is a land charge, with the class and sub-class.
Where an application for registration is made pursuant to a priority notice, it must refer to that notice by citing the official reference number that has been allocated to it (r.7, LCR 1974).
4 KudoZ points awarded for this answer.
Comment: "Köszönöm"
+1
1 day 1 hr
széljegy
földhivatal esetében (ami tulajdonképpen "előzetes bejegyzés")
Discussion
http://www.doingbusiness.org/data/exploreeconomies/germany/r...
http://anydictionary.com/priority-notice/