Legal Definitions - continuous servitude

A continuous servitude is a legal right or burden attached to a piece of land (known as the servient estate) that benefits another piece of land (the dominant estate), and which operates constantly without requiring any direct action or intervention from a person. It is typically evidenced by a permanent structure or a natural condition that provides a continuous benefit or imposes a continuous burden.

Think of it as a right or obligation that is always "on" or "present," rather than one that needs to be actively used or initiated by someone each time it's needed. This type of servitude is often established for things like utility lines, drainage systems, or natural water flows.

• Example 1: Natural Water Flow

  Imagine a natural stream that originates on Property A and flows continuously across Property B, providing a consistent water source to Property C downstream. The right for the stream to flow across Property B for the benefit of Property C is a continuous servitude. It doesn't require anyone to turn on a faucet or open a gate; the water simply flows naturally and constantly, creating a continuous benefit for Property C and a continuous burden on Property B.

• Example 2: Underground Utility Line

  Consider a situation where an underground sewer pipe from a municipal main line runs beneath Property X to provide service to Property Y. The pipe itself is a permanent, man-made structure that continuously enables the flow of wastewater from Property Y. The existence of this pipe and the right for it to remain there and function without daily human intervention from Property Y's owner on Property X constitutes a continuous servitude. Property X is the servient estate, burdened by the pipe, and Property Y is the dominant estate, benefiting from the continuous sewer access.

• Example 3: Shared Drainage System

  Two adjacent commercial buildings, Building P and Building Q, were constructed with a shared, integrated roof drainage system that directs all rainwater runoff into a single pipe that exits onto a public storm drain at the edge of Building P's property. This system continuously collects and channels water from both roofs whenever it rains, without requiring any manual operation. The right for Building Q's runoff to continuously flow through the system on Building P's property is a continuous servitude, as it's a permanent fixture providing an ongoing benefit to Building Q.