Legal Definitions - real servitude

A real servitude is a legal right or obligation that is permanently attached to a specific piece of land and benefits or burdens another specific piece of land. Unlike personal agreements, a real servitude "runs with the land," meaning it automatically transfers to new owners when either property is sold. It establishes a lasting relationship between two parcels of property, where one property (the dominant estate) holds a right over another property (the servient estate).

Here are some examples to illustrate this concept:

• Example 1: Shared Driveway Access

  Imagine two neighboring properties, Property A and Property B. Property A's only practical access to the main road is via a driveway that crosses a small corner of Property B. A legal agreement is established and recorded, granting Property A the permanent right to use this portion of Property B's driveway. This is a real servitude. Property A is the dominant estate, benefiting from the access, and Property B is the servient estate, burdened by allowing the access. If either Property A or Property B is sold, the new owners automatically inherit this right and obligation; the right to use the driveway stays with Property A, and the obligation to allow its use stays with Property B.

• Example 2: Utility Line Easement

  A new residential development requires underground utility lines (like water or sewer pipes) to pass through the backyards of several lots to connect to the main municipal system. The utility company establishes a real servitude, often called an easement, over these specific portions of the backyards. This means the utility company has the right to access these areas for maintenance and repair of the lines. Each backyard through which the lines pass is a servient estate, burdened by the utility's right of access, while the entire development (or the utility company itself, representing the public interest) benefits as the dominant estate. This right is tied to the land, so if a homeowner sells their property, the new owner must still allow the utility company access to the easement area.

• Example 3: Agricultural Irrigation Rights

  Consider two farms, Farm X and Farm Y, located along a river. Farm X, upstream, has historically diverted a certain amount of river water through a ditch that crosses a corner of Farm Y to irrigate its crops. A real servitude is established, legally recognizing Farm X's right to maintain and use this irrigation ditch across Farm Y's land. Farm X is the dominant estate, benefiting from the water access, and Farm Y is the servient estate, burdened by the presence of the ditch and the right of Farm X to access it. Should Farm Y be sold to a new owner, that owner cannot block or remove the ditch, as the irrigation right is permanently attached to Farm X's land and runs with Farm Y's land.