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Easement is a common law term; servitude is a civil law term.However, generally speaking, an easement and a servitude perform the same function. Each of them create a right against a parcel of property that can be asserted by another person who is not the owner of the parcel.
According to property legislation, a servitude is a registered right that someone has over the immovable property owned by another person. The servitude affords the holder the right to do something with the property, even if it may infringe upon the rights of the person who owns it.
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.
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.
The servitude of passage is the right for the benefit of the dominant estate whereby persons, animals, utilities, or vehicles are permitted to pass through the servient estate.
No large-rooted trees may be planted within the servitude area. No buildings or other structures may be erected within the servitude area.
Drainage Servitude means that certain 10-foot drainage and AEP servitude more particularly described in Exception 32 and Exception 34 of Schedule B to the New Title Policy.
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.