What is a Servitude in Property?

I came to know about what is a servitude in property just a few months back through a friend. He had inherited a property and he was researching all the legalities related to it. He told me that a person's right to another's immovable property is known as servitude. It permits the person holding the servitude to take action with the property of another, perhaps violating the owner's rights. A servitude is a duty placed on the inherited property in the dominating tenement's favour. The servitude will bind the sole successors of the existing owner of the servient tenement because it is a burden.

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What is servitude on land?

The advantage accorded to the dominant tenement owner results from the possession of the dominant tenement; it is not an advantage that she or he personally enjoys but rather an advantage that results from ownership. In actuality, this means that only the owner or occupier may get the benefits of the service right (i.e. tenant).

Real servitude (1177ff C.C.Q.):

• Real servitude is the authority that one land (the dominant land) has over another (servient land).

• The two lands are bound together by the servitude, not by the proprietors.

• Whether or not the owner of the dominating property changes, the servitude is opposable to the owner of the servient land if it is registered on the land registry.

How to establish a real servitude and what is included?

• A servitude is established by contract, by will, by destination of the owner, or by operation of law, according to article 1181 of the Quebec Civil Code.

• In most cases, a written contract between the owners of the dominant land and the servient land will be used to create the servitude. By defining the exact area of the servitude, the agreement will specify the scope of the obligation.

• The use and maintenance conditions of the servitude's scope will also be a part of the constitutive act. The phrase "A service extends to all that is necessary for its exercise" is particularly noteworthy.

• Whether the usage is accepted for a long time or not, it cannot turn into servitude.

The ‘’end’’ of the servitude:

Following situations could result in the extinction of servitudes:

• By combining the traits of the owner of the dominant land and the owner of the servient land in one individual;

• Through the dominant land's owner's explicit renunciation;

• When the period for which it was established expires;

• By atonement;

• By ten years of inactivity.

Personal servitude vs real servitude:

• A personal servitude is a covenant that ties a natural person to a piece of land, as opposed to a real servitude, which unites two (2) lands.

• For instance, if there is a personal right of way, the natural person on the servient land is given a personal right.

• Personal slavery differs from genuine servitude in that it is time-bound and unique to a natural person. Additionally, it cannot be transferred and usually expires with the person's passing.

Based on the facts and circumstances, each case is unique. I hope this explains to you what is a servitude in property.