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What is a servitude in property?
A servitude can be defined as a limited real right registered in the Deeds Office against the title deed of a property in terms of which a burden is imposed on an immovable property restricting the rights, powers or liberties of its owner to a greater or lesser extent in favour of either another person or the owner of …
What is the difference between a servitude and an easement?
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. A common example of a personal servitude is the use of a house.
How does 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 the difference between a servitude and a real burden?
Servitudes are similar to real burdens, in that they require both a benefited and a burdened property and they are obligations that run with the land. Unlike burdens, servitudes do not currently have to be registered.
What are the two types of servitude?
In the United States there are three basic types of servitudes: easements, covenants, and profits. Easements allow the right to enter and use, for a specified purpose, land that is owned by another (e.g., the right to install and maintain an electric power line over someone else’s land).
Who does a servitude belong to?
A servitude is a right belonging to one person to use and enjoy with regard to the property of another person. This differs from a lease agreement or similar alienation or dispensation.
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 is a positive servitude?
A positive servitude allows the owner of the dominant tenement to do a positive act, e.g. to walk or drive over land owned by the servient tenement. In short, it allows the dominant proprietor to enter upon the servient proprietor’s land to do something positive.
When can a servitude be terminated?
A praedial servitude is terminated by: Agreement A bilateral notiarial deed is required. Abandonment. At present the practice is to call for a notarial deed between the parties as there is no provision for cancellation on application, as in the case of personal servitudes which have been abandoned (section 68).
What is real burden?
Related Content. In Scots law, a burden on land (known as the burdened property), to carry out or refrain from carrying out certain activities. The burden is enforceable by the burdened owner. Typically, the burden imposes a building restriction or prohibits certain activity such as the sale of alcohol.
What does it mean to have a servitude on a property?
A servitude is a registered right that a person has over the immovable property of another. It allows the holder of the servitude to do something with the other person’s property, which may infringe upon the rights of the owner of that property.
What do you need to know about praedial servitude?
If you are unsure of how to examine the title deed, you need to ask your estate agent or conveyancing Attorney to assist you. Praedial servitude, which is when a person has a right of use due to the fact that he is the owner of a certain property.
What is the difference between positive and negative servitude?
A positive servitude requires the owner of the servient estate to permit something to be done on her property by another. A negative servitude does not bind the servient owner in this manner but merely restrains her from using the property in a manner that would impair the easement enjoyed by the owner of the dominant estate.
How are the different types of servitudes classified?
According to Goslett, servitudes are divided into two main categories – praedial and personal – and how a servitude is classified depends on whether it benefits successive owners in their personal capacity or if it favours the land itself.