Legal Definitions - predial servitude

A predial servitude is a legal right that allows the owner of one piece of land to use or restrict the use of an adjacent or nearby piece of land owned by someone else, for the benefit of the first piece of land. This right is attached to the land itself, not to a specific person, and therefore transfers automatically with the ownership of either property.

To understand this concept, it's helpful to think of two properties:

• The dominant estate: This is the property that benefits from the servitude.
• The servient estate: This is the property that is burdened by the servitude, meaning its owner must allow a certain use or refrain from a certain action for the benefit of the dominant estate.

Here are some examples:

• Access Easement for a Landlocked Property:

  Imagine a property, let's call it "The Meadow," that is completely surrounded by other private lands and has no direct access to a public road. The owner of The Meadow negotiates with the owner of an adjacent property, "The Lane," to create a legal right for vehicles and people from The Meadow to cross a specific path on The Lane to reach the public road. This right is recorded in the property deeds.

  How it illustrates predial servitude: The Meadow is the dominant estate because it benefits from having access. The Lane is the servient estate because it is burdened by allowing passage. This right is tied to The Meadow itself; if The Meadow is sold, the new owner still has the right to cross The Lane. Similarly, if The Lane is sold, the new owner must still allow access to The Meadow.

• Shared Driveway Between Two Homes:

  Consider two suburban homes, "Oakwood" and "Maplewood," that share a single driveway that straddles their property line. The driveway is essential for both homeowners to access their garages and the street. The property deeds for both homes specify that each owner has the right to use the entire shared driveway, even the portion technically on the neighbor's land.

  How it illustrates predial servitude: In this scenario, both Oakwood and Maplewood act as both dominant and servient estates simultaneously. Each property benefits from the right to use the portion of the driveway on the other's land (making it dominant) and is burdened by allowing the neighbor to use the portion on its own land (making it servient). This arrangement ensures that future owners of either home will continue to have the right to use the shared driveway.

• View Protection Easement:

  A homeowner, living on a hillside property with a stunning panoramic view of a city skyline, wants to ensure that their view is never obstructed. They enter into a legal agreement with the owner of the property directly below them, stipulating that no structure on the lower property can be built above a certain height. This agreement is recorded in the property records of both parcels.

  How it illustrates predial servitude: The hillside property is the dominant estate, benefiting from the preserved view. The lower property is the servient estate, as its owner's ability to build is restricted. This right to maintain the view is attached to the hillside property, enhancing its value, and binds any future owners of the lower property to the height restriction.