What Is Servitude Of Drainage?

What is a servitude in property?

Servitude, in Anglo-American property law, a device that ties rights and obligations to ownership or possession of land so that they run with the land to successive owners and occupiers..

What are servitude duties?

The term “servitude,” in its original and popular sense, signifies the duty of service, or rather the condition of one who is liable to the performance of services. The word, however, in its legal sense, is applied figuratively to things.

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 you build on a servitude?

Meaning you are not allowed to build there without the consent from the neighbour etc. If a servitude registrar at the deeds office it must be for something, and to be shown on the title deeds, either for services, like sewer, water or electricity, or access to other erven.

What is a servitude?

1 : a condition in which one lacks liberty especially to determine one’s course of action or way of life. 2 : a right by which something (such as a piece of land) owned by one person is subject to a specified use or enjoyment by another.

What is Predial servitude?

A predial servitude is a charge on a servient estate for the benefit of a dominant estate. The two estates must belong to different owners.

Is a covenant a servitude?

Servitudes are ownership interests in land, while real covenants are promises.

Who maintains a drainage easement?

Who is responsible for the maintenance of a drainage easement area or a detention basin? In most instances, unless otherwise stipulated in the drainage easement agreement, the property owner is responsible for general maintenance of the area designated by the drainage easement.

When can a servitude be terminated?

Sections 75(1) and 76(1) of the DRA allows for the registration of servitudes for a limited period and they may terminate on a certain event, for example, a water servitude may be expressed to terminate when a local authority is formed to supply water. That is covering the whole of the servient property.

What is the most important example of personal servitude?

The most commonly known personal servitudes are a usufruct, right to use, or the right to occupy a property for a certain period of time. Praedial servitudes can be recognised as follows: A right is granted over one (or more) property/ies in favour of another property/ies.

What is the difference between servitude and slavery?

Indentured servitude differed from slavery in that it was a form of debt bondage, meaning it was an agreed upon term of unpaid labor that usually paid off the costs of the servant’s immigration to America. Indentured servants were not paid wages but they were generally housed, clothed, and fed.

How can a Predial servitude be terminated?

A predial servitude may be ended by the thorough and permanent demolition of the dominant estate or of part of the servient estate. Moreover, a predial servitude automatically ends after 10 years of nonuse. Personal servitude: A charge or burden on something for the benefit of an individual is a personal servitude.

What is a servitude right of access?

Servitudes are access rights which are granted over one property for the benefit of the neighbouring property. “Access” can mean pedestrian access, vehicular access, or even just access in the sense of having a pipe run through your neighbour’s land.