Servitusi

Servitusi is a legal concept that refers to a burden on one property for the benefit of another property. The property that bears the burden is called the servient tenement, and the property that benefits from the burden is called the dominant tenement. Servitusi can be created in several ways, including by express grant, by implication, or by prescription.

Common types of servitusi include the right of way, which allows the owner of the dominant tenement to cross the servient tenement; the right to light, which prevents the owner of the servient tenement from obstructing the light to the dominant tenement; and the right to support, which obliges the owner of the servient tenement to provide support for the dominant tenement. Servitusi are typically registered against the title deeds of both properties to ensure they are legally binding.

The existence of a servitusi can affect the value and use of both the dominant and servient tenements. The owner of the dominant tenement must exercise their rights reasonably and without causing undue harm to the servient tenement. Conversely, the owner of the servient tenement must not interfere with the exercise of the servitusi. In some cases, servitusi can be extinguished if they are no longer necessary or if the dominant and servient tenements are merged under single ownership. Legal advice is often sought when establishing, exercising, or challenging a servitusi.