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Servitude in Property Law


When most people think of property law, they probably don’t think of servitude. Servitude is essentially the right to use and enjoy someone else’s land for a specific purpose. It can be created by contract or by operation of law. This blog post will explore this concept in more detail and discuss some common issues that arise with it. Stay tuned!

What is Servitude?

You acquire a right to use a certain parcel of land by purchase from someone who has dominion over that parcel, with the agreement that this person’s ownership rights will extend to all future owners as well. In other words, you don’t simply own your plot of land at stake, but rather have control over it as well.

A servitude is not an interest in land leading to a right of possession. If you want possession, you must buy the full property rights from the holder…Servitudes are usually obtained through “secret agreements” or simply by custom rather than contract or deed.”

How Is It Different From Owning a Land?


Servitude is a way to work the land, while the owner keeps ownership of the land. In a sense, it can be seen as a form of payment for usage. The servitor pays for his own upkeep, and in return gets to live on the property and work it for sustenance.

This is customarily done in cases where there are no direct descendants or overseers available to take care of the land that would otherwise go unused because no one would want to inherit or reside there due to superstitions, unfavorable climate, lack of economic viability, etc.

Why Would You Get Servitude of a Land Instead of Buying It?

Many people like the idea of owning land and buildings outright. Buying a servitude gives you the right to use the property but doesn’t let you make any major changes or improvements to it, including building on it.

A shortcoming of services is that one party’s use may preclude another’s – for example, if there were two areas used by different groups that couldn’t share their space. Servitudes only last while the other person lives; they go away when whoever has them passes away or sells before then.

If these are attractive features for you, then buying a land in this way could be an attractive way to get into this market at lower cost than straight purchasing land would require. In addition, sometimes a person wants to earn some money from their property but does not want it to be bought permanently.

In those cases, they would prefer the buyer to buy their servitude on the property instead. This way the buyer can utilize the land and seller can earn some money from it as well. This is known as a servitude and varies in amount and scope between properties.

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