Is A Servitude A Property Interest?

Is an easement a servitude?

Although the terms servitude and easement are sometimes used as synonyms, the two concepts differ.

A servitude relates to the servient estate or the burdened land, whereas an EASEMENT refers to the dominant estate, which is the land benefited by the right..

How long does an easement last?

An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.

How can a servitude possibly affect the ownership rights of a property owner?

“If a servitude is held on a property, the owner of the property will be unable to exercise their entitlement to the property in the full capacity.” The servitude implies that the property does not just serve the owner, but also another property or person.

What is a Predial servitude?

Predial servitude; definition. A predial servitude is a charge on a servient estate for the benefit of a dominant estate.

What is a servitude in property?

Servitude, in Anglo-American property law, a device that ties rights and obligations to ownership or possession of land so that they run with the land to successive owners and occupiers.

What is the most important example of personal servitude?

The most commonly known personal servitudes are a usufruct, right to use, or the right to occupy a property for a certain period of time. Praedial servitudes can be recognised as follows: A right is granted over one (or more) property/ies in favour of another property/ies.

When can a servitude be terminated?

Sections 75(1) and 76(1) of the DRA allows for the registration of servitudes for a limited period and they may terminate on a certain event, for example, a water servitude may be expressed to terminate when a local authority is formed to supply water. That is covering the whole of the servient property.

Is it bad to have an easement on your property?

Utility easements generally don’t affect the value of a property unless it imposes tight restrictions on what the property owner may and may not do. … For example, beach access paths that are technically on private land, but have been used by the public for years, may be subject to such public easements.

How can a Predial servitude be terminated?

A predial servitude may be ended by the thorough and permanent demolition of the dominant estate or of part of the servient estate. Moreover, a predial servitude automatically ends after 10 years of nonuse. Personal servitude: A charge or burden on something for the benefit of an individual is a personal servitude.

How does a servitude affect the value of the property?

If a servitude is held on a property, the owner of the property will be unable to exercise their entitlement to the property in the full capacity. The servitude implies that the property does not just serve the owner, but also another property or person. Because of this, the owner’s rights are somewhat diminished.

What is a right of way servitude?

A servitude is a limited real right that one person has to the use of another person’s property. For example, if you need to drive over a portion of your neighbour’s property in order to access your home, you would typically have been granted a servitude of right of way by the neighbour in order to access your home.

What is a personal right in law?

A personal right is one against another person for the performance of an obligation, i.e.: the other person must either do or refrain from doing something. These rights are usually created by contract. Real rights are often described as absolute rights and as such can be enforced against anyone.

What is an interest in real property?

Updated on 30.11.20. In essence, an interest in land is a right (or a “bundle” of rights) that someone has in, against, under or over – or with respect to – a parcel of land. If the person holding the interest in land is the current owner of the land itself, then the “interest” means “simply” ownership of that land.

Can you build on a servitude?

Meaning you are not allowed to build there without the consent from the neighbour etc. If a servitude registrar at the deeds office it must be for something, and to be shown on the title deeds, either for services, like sewer, water or electricity, or access to other erven.

What rights does an easement holder have?

An easement is a “nonpossessory” property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn’t allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder’s use.