Legal Definitions - public servitude

A public servitude is a legal right that allows the general public, or a governmental entity acting on their behalf, to use or access a specific portion of private land for a particular purpose. While the land remains privately owned, the servitude creates a burden on the property, restricting the owner's exclusive use in favor of a public benefit. These rights are typically established through legal agreements, dedication, or by operation of law, ensuring essential services, access, or environmental protection for the community.

• Public Utility Easement: Imagine a local power company needing to install and maintain electrical transmission lines that cross a portion of a homeowner's backyard. The homeowner still owns the land, but a public servitude, in the form of a utility easement, grants the power company (acting for the public good of providing electricity) the legal right to access and use that specific strip of property. The homeowner cannot build permanent structures on the easement or interfere with the utility's operations, as this right benefits the broader public.

• Public Access Pathway: Consider a new residential development built next to a popular public park. As a condition for development approval, the municipality might require the developer to dedicate a 15-foot wide pathway across a corner of the private property, allowing public access from a nearby street directly into the park. This pathway is a public servitude; even though the land beneath it is privately owned, the public has a legally protected right to use it, ensuring continued community access to the park and placing a restriction on the private property owner's exclusive use.

• Stormwater Drainage Easement: A city may establish a legal right over a section of a private commercial property to maintain an underground stormwater pipe. This pipe collects runoff from several public streets and directs it to a municipal drainage system, preventing flooding in public areas. This is a public servitude because the city, representing the public interest in effective stormwater management and flood prevention, has the right to access, inspect, and repair the drainage infrastructure located on private land. The property owner retains ownership but cannot build over the pipe or impede the city's access, as this servitude is crucial for protecting public infrastructure and the wider community.