Legal Definitions - acquired servitude

An acquired servitude refers to a legal right or restriction concerning the use of one person's land for the benefit of another, which has been formally established or obtained through a specific legal process. These rights, often called easements or covenants, are "acquired" when they are created through agreement, long-term use, or by operation of law, rather than being an inherent part of the land's original title.

Here are some examples illustrating how a servitude can be acquired:

• Example 1: Acquired by Express Grant

  A homeowner, Ms. Chen, wants to build a new detached garage in her backyard. To connect it to the municipal sewer system, she needs to run a sewer line across a small corner of her neighbor Mr. Davis's property. Ms. Chen and Mr. Davis sign a written agreement, which is then recorded with the local land records office, granting Ms. Chen the right to install and maintain the sewer line on his property.

  Explanation: Ms. Chen's right to use Mr. Davis's land for her sewer line is an acquired servitude because it was established through a clear, written agreement (an express grant) between the two property owners, legally creating this specific right of use.

• Example 2: Acquired by Prescription

  For more than 20 years, residents of a small rural community have consistently used a dirt path that cuts across the edge of a private timberland owner's property to access a popular fishing spot on a nearby river. The timberland owner was aware of this regular use but never took any legal action to block the path or prevent people from using it.

  Explanation: After the statutory period for prescriptive easements in that jurisdiction has passed, the community members may have acquired a legal right (a prescriptive easement) to continue using that path. This servitude was acquired not by agreement, but through continuous, open, and unchallenged use over a long period, which ripened into a legal right under the principle of prescription.

• Example 3: Acquired by Necessity

  A developer purchases a large plot of land and subdivides it into two parcels. The front parcel has direct access to a public road, but the back parcel is completely surrounded by the front parcel and other properties, with no direct road access. When the developer sells the back parcel to a homebuilder, no explicit agreement for access is included in the deed.

  Explanation: In this situation, the homebuilder's back parcel will likely acquire a right of way by necessity over the front parcel. This servitude is acquired by operation of law because the division of the land created a landlocked parcel, making access over the remaining property absolutely necessary for the reasonable use and enjoyment of the sold portion.