Legal Definitions - conventional servitude

A conventional servitude is a legal right or obligation concerning land that is created by a voluntary agreement or contract between two or more property owners. It allows one property owner (or a specific person) to use another's land in a particular way, or it restricts how another's land can be used. These agreements are typically recorded in property records and "run with the land," meaning they bind future owners of the properties involved, not just the original parties to the agreement.

Here are some examples illustrating conventional servitudes:

• Example 1: Access Easement for a Landlocked Property

  Imagine a developer subdivides a large tract of land into several residential lots. One of the newly created lots, Lot A, is completely surrounded by other private lots and has no direct frontage on a public road. To ensure Lot A is buildable and accessible, the developer enters into a written agreement with the owner of an adjacent lot, Lot B, which *does* have road frontage. This agreement grants Lot A a permanent right-of-way across a specific portion of Lot B to reach the public road. This agreement is then recorded in the property deeds for both lots.

  This is a conventional servitude because it's a deliberate, voluntary agreement between property owners (the developer and the owner of Lot B) that creates a specific right (access) over one property (Lot B) for the benefit of another property (Lot A). It's "conventional" because it arises from their mutual agreement, not from a general law or long-term use.

• Example 2: View Protection Restriction

  Consider a homeowner who purchases a house on a hillside with breathtaking panoramic views of a city skyline. The vacant lot directly below their property, if developed with a tall structure, could completely obstruct their view. To protect their investment and enjoyment, the homeowner negotiates with the owner of the vacant lot and pays them a sum of money in exchange for a formal, recorded agreement. This agreement stipulates that any future construction on the lower lot cannot exceed a certain height, thereby preserving the homeowner's view.

  This scenario demonstrates a conventional servitude because it's a contractual agreement between two property owners that places a specific restriction (a burden on building height) on one property (the lower lot) for the benefit of another property (the hillside home). The restriction is "conventional" as it is established by their explicit, voluntary agreement.

• Example 3: Shared Recreational Amenities

  Two neighboring condominium complexes, built by different developers, decide to share a newly constructed tennis court and swimming pool located on a parcel of land between them. The developers enter into a detailed, recorded agreement that grants residents of both complexes the right to use these recreational facilities. The agreement also outlines the shared responsibilities for maintenance, repair, and operational costs, specifying how these expenses will be divided between the two associations.

  This is a conventional servitude because it's a formal, agreed-upon arrangement between the owners (the condominium associations, representing their residents) of two distinct properties. It creates mutual rights to use a specific amenity and establishes obligations for its upkeep, all stemming from their voluntary "convention" or agreement.