Tag: servitude

what is servitude in law

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SERVITUDE, civil law. A term which indicates thesubjection of one person to another person, or of a person to a thing, or of a thing to a person, or of a thing to a thing. 2.

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  • What is a property servitude?

  • A servitude is described as a limited real right over immovable property. This right is registerable and allows the holder of the servitude to exercise some right over another person鈥檚 property. The three most common property servitudes are personal servitudes, praedial servitudes and public servitudes.

  • What is an equitable servitude?

  • An encumbrance consisting in a right to the limited use of a piece of land or other immovable property without the possession of it; a charge or burden on an estate for another鈥檚 benefit (the easement by necessity is an equitable servitude). ? Servitudes include easements, irrevocable licenses, profits, and real covenants.

  • What are the three types of servitudes?

  • The three main types of servitudes, including praedial, personal, and public servitudes. A praedial servitude is a limited real right constituted in favour of the owner of a property in his capacity as owner.

  • What is the difference between personal and private servitude?

  • Praedial servitudes can either be granted for a short-term period or they could last indefinitely. A personal servitude is a limited real right constituted in favour of the holder in his personal capacity to exercise a right on the property of another person, or to prohibit the property owner from exercising a normal ownership right.