What is Servitude?

A servitude is a registered right that a person has over the immovable property of another. It allows the holder of the servitude to do something with the other persons property, which would not normally be allowed. An example is the right of way to travel over a section of the other persons property to reach your own property.


How do you know whether there is a servitude
registered over a specific property you would like to buy?
If you were to examine the title deed you would be able to ascertain whether there is a servitude registered over the property. If you are unsure of how to examine the title deed, you need to ask your estate agent or conveyancing Attorney to assist you.

There are two main types of servitudes:

  • Praedial servitude , which is when a person has a right of use because of the fact that he is the owner of a certain property. Should he sell the property the servitude will move over to the new owner.

 

  • Personal servitude is a right in favour of a specific individual so when that individual moves on, the servitude falls away. It does not pass on to the new owner if the property is sold.


You do not need to get permission from the person that has a right of a servitude over your property if you want to sell it, however the new owner will have to comply with the servitude.

Servitudes are very common mainly with farms and smallholdings.

 

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