Legal Definitions - personal servitude

A personal servitude is a legal right that grants a specific individual a particular use or enjoyment over another person's property. Unlike a "real servitude" (or "praedial servitude"), which benefits a piece of land regardless of who owns it, a personal servitude is tied directly to the person who holds the right. It typically lasts for the lifetime of the beneficiary or for a specified period and cannot usually be transferred to another person.

Here are some examples to illustrate this concept:

• Example 1: Right of Habitation

  Imagine an elderly woman, Mrs. Rodriguez, sells her large family home to her daughter, Maria. As part of the sale agreement, Mrs. Rodriguez retains the legal right to continue living in a specific apartment within the house for the remainder of her life. This arrangement is a personal servitude.

  Explanation: The right to live in the apartment benefits Mrs. Rodriguez *personally*. It is not tied to any other property she might own, nor does it automatically transfer to her heirs or anyone else if she were to move out. The right exists solely for her benefit and will cease upon her death.

• Example 2: Personal Right of Way

  A landowner, Mr. Chen, grants his neighbor, Ms. Lee, the specific right to walk across a designated path on his property to access a nearby public park. This right is explicitly granted only to Ms. Lee and is not extended to anyone who might later purchase Ms. Lee's property.

  Explanation: This scenario demonstrates a personal servitude because the right to cross Mr. Chen's land benefits Ms. Lee *as an individual*. If Ms. Lee sells her house, the new owner does not automatically inherit this right; it was a personal privilege granted specifically to Ms. Lee.

• Example 3: Right to Use Resources

  A farmer, Mr. Davies, allows a local artisan, Ms. Patel, to enter his private woodland once a month to collect fallen branches and specific types of leaves for her craft projects. This privilege is granted solely to Ms. Patel and is not transferable to other artisans or anyone else.

  Explanation: This is a personal servitude because the right to collect natural materials is granted exclusively to Ms. Patel *personally*. It is not a right attached to Ms. Patel's workshop or any other property she owns, and it would not transfer if she sold her business or moved away.