Predial servitudes

A predial servitude is a charge on a servient estate for the benefit of a dominant estate. Similar to an appurtenant easement. A predial servitude is either apparent or nonapparent. Apparent servitudes are those that are perceivable by exterior signs, works, or constructions, such as a roadway or a window in a common wall. A nonapparent servitude has no exterior sign of its existence, such as the prohibition of building on an estate or of building above a particular height. A predial servitude may also be acquired by destination. Destination of the owner is a relationship established between two estates owned by the same owner that would be a predial servitude if the estates belonged to different owners. When the two estates cease to belong to the same owner, unless there is express provision to the contrary, an apparent servitude comes into existence of right and a nonapparent servitude comes into existence if the owner has previously filed for registry a formal declaration establishing the destination. A conventional or voluntary servitude is a predial servitude which is established by an owner on his estate or acquired for its benefit.

See also: Servitudes – Legal servitudes – Personal servitudes

Author: international