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Simple English definitions for legal terms
legal servitude
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A quick definition of legal servitude:
Legal servitude is a type of limitation on the use of property that benefits either the general public or a specific person. It can include things like restrictions on the use of land or the obligation to provide access to an enclosed estate. There are many different types of legal servitudes, including those that are acquired through agreement or prescription, and those that are naturally appurtenant to land. Some servitudes are obvious, like a roadway, while others are not, like a prohibition against building above a certain height.A more thorough explanation:
Legal servitude is a type of encumbrance or burden on a piece of land or property that limits its use for the benefit of another person or the general public. Examples of legal servitudes include restrictions on certain uses of the shores of navigable rivers and the obligation of an owner to provide a passage to an enclosed estate.
For instance, a landowner may be required to provide a pathway for the public to access a nearby beach. This is an example of a legal servitude that benefits the general public.
Legal servitude is different from involuntary servitude, which refers to the condition of being forced to work for another person without consent.
Other types of servitudes include easements, irrevocable licenses, profits, and real covenants. These servitudes can be acquired through agreement, prescription, or natural appurtenance to the land.
For example, a landowner may grant an easement to a neighbor to use a portion of their land for a driveway. This is an example of an acquired servitude that benefits a specific person.