What is meaning of servitude in law?
Legal Definition of servitude 1 : a condition in which an individual lacks liberty especially to determine his or her course of action or way of life specifically : the state of being a slave involuntary servitude.
What is a example of servitude?
Servitude is the state of being completely submissive to and controlled by someone more powerful. When a person caters to every whim and need of another, this person is an example of someone who would be described as in servitude. The condition of a slave, serf, or the like; subjection to a master; slavery or bondage.
What is state servitude?
Noun. 1. servitude – state of subjection to an owner or master or forced labor imposed as punishment; “penal servitude”
How do you terminate an equitable servitude?
The remedy for breach of an equitable servitude is an injunction. This means that a court will issue an order telling the breaching party to stop violating the servitude.
What are the types of servitude?
In the United States there are three basic types of servitudes: easements, covenants, and profits. Easements allow the right to enter and use, for a specified purpose, land that is owned by another (e.g., the right to install and maintain an electric power line over someone else’s land).
Who owns a servitude?
The Definition of a 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 person’s property, which may infringe upon the rights of the owner of that property.
Can a servitude expire?
Personal servitudes are enforceable against the owner but cannot be transferred by the holder. It is extinguished when the period expires for which the servitude has been granted, or when the holder dies. There are three types of personal servitudes: usufruct, usus and habitation.
Can I build over a servitude?
Unlike a building line, you cannot apply for a relaxation, meaning that you cannot build over municipal servitudes, or any other praedial servitudes for that matter, without having it first written out of your Title Deed, which is a long and rather involved process.
Does a servitude need to be registered?
Registration of servitudes are a legal requirement, because the Alienation of Land Act requires that the granting of an interest in land by one person to another, must be recorded in a written agreement to be valid, and registered against the applicable title deeds.
When can a servitude be terminated?
A praedial servitude is terminated by: Agreement A bilateral notiarial deed is required. Abandonment. At present the practice is to call for a notarial deed between the parties as there is no provision for cancellation on application, as in the case of personal servitudes which have been abandoned (section 68).
Is equitable servitude a restrictive covenant?
Equitable servitudes differ from covenants in that: They are enforceable by injunction, while a real covenant is remedied by money damages. No horizontal or vertical privity is required for a servitude to run with the land. Servitudes are ownership interests in land, while real covenants are promises.
What is the difference between an easement and a servitude?
Although the terms servitude and easement are sometimes used as synonyms, the two concepts differ. A servitude relates to the servient estate or the burdened land, whereas an EASEMENT refers to the dominant estate, which is the land benefited by the right.
Can a servitude be Cancelled?
A personal servitude can be cancelled by an application to the Registrar of Deeds, stating that the servitude has lapsed due to the passing of time or the death of the holder thereof or in same manner as a praedial servitude, with a notarial deed of cancellation.
What is a servitude right of way?
A servitude is a limited real right that one person has to the use of another person’s property. For example, if you need to drive over a portion of your neighbour’s property in order to access your home, you would typically have been granted a servitude of right of way by the neighbour in order to access your home.
Who owns the right to the servitude?
A servitude is a right that one person has over a movable or immovable property of another person. This right entails the use and/ or enjoyment of that property by the holder of the right.
Who maintains a servitude?