Legal Definitions - landed servitude

A landed servitude refers to a legal right or obligation that is permanently attached to a specific piece of land, rather than to an individual person. This means the right or restriction "runs with the land," automatically transferring to new owners when the property is sold. It typically involves one property (known as the dominant estate) benefiting from a right over an adjacent or nearby property (the servient estate), or the servient estate being restricted in some way for the benefit of the dominant estate.

Here are some examples to illustrate this concept:

• Access Easement (Right-of-Way): Imagine a situation where a property (let's call it Property A) is landlocked and has no direct access to a public road. The original owner of Property A negotiated a legal agreement with the owner of a neighboring property (Property B) to create a driveway across Property B to reach the public road. This agreement established a permanent right-of-way.

  This right-of-way is a landed servitude. Property A is the dominant estate, benefiting from the access. Property B is the servient estate, burdened by allowing passage. If Property A is sold, the new owner automatically inherits the right to use the path across Property B. Similarly, if Property B is sold, the new owner must continue to allow access to Property A, as this right is tied to the land itself, not just the original individuals who made the agreement.

• View Preservation Restriction: Consider two properties on a hillside. Property C, located higher up, has a spectacular ocean view. To protect this view, the original developer established a legal restriction on Property D, located downhill, stating that no structure on Property D can be built taller than one story. This restriction was recorded in the property deeds.

  This building restriction is a landed servitude. Property C is the dominant estate, benefiting from the preserved view. Property D is the servient estate, restricted in its development. This restriction is not a personal agreement with the original buyer of Property D; it is permanently attached to the land. Any future owner of Property D will be legally bound by this height restriction, and any future owner of Property C will continue to enjoy the benefit of the unobstructed view.

• Shared Utility Line Easement: Two rural properties, Property E and Property F, were originally part of a larger parcel. When they were subdivided, the main water line for both homes was installed entirely under Property F, but Property E needs to connect to it. A legal agreement was put in place granting Property E the right to connect to and maintain its portion of the water line running under Property F.

  This shared utility line agreement constitutes a landed servitude. Property E is the dominant estate, benefiting from the water access and the right to maintain its line. Property F is the servient estate, burdened by allowing Property E's utility line to cross its land and permitting access for maintenance. If Property E is sold, the new owner automatically acquires the right to use and maintain the water line. If Property F is sold, the new owner must continue to allow Property E access for maintenance, as this right is an inherent part of the properties' legal relationship.