Servituut

Servituut is a real property right that burdens a parcel of land (the servient estate) for the benefit of another parcel or person (the dominant estate or beneficiary). It is a form of easement used in many legal systems, including civil-law jurisdictions, and is commonly known in Dutch law as erfdienstbaarheid. A servituut is attached to the land and generally binds current and future owners, unless it is lawfully extinguished or released.

Servitudes can be positive or negative. Positive servitudes authorize or compel some use of the servient land for the benefit of the dominant land, such as a right of way, a right to draw water, or access for maintenance. Negative servitudes restrict the owner of the servient land, such as prohibiting construction that would block a view, light, or air, or limiting the height of buildings. The exact scope and purpose of a servituut are defined in the instrument that creates it and in applicable property or registry rules.

Creation and registration: servitudes arise by contract between owners, by statutory provisions, by judicial decision, or by long-standing use (prescription) under the law. In most jurisdictions, the existence and terms are recorded in a land registry to ensure enforceability against successors in title.

Effects and termination: a servituut grants the dominant estate enforceable rights and imposes burdens on the servient estate. It generally runs with the land and survives changes in ownership. Termination can occur by the end of the purpose, mutual consent, merger of dominant and servient estates, release by the beneficiary, or as provided by law.

Examples include rights of passage, drainage rights, and limits on building or other uses that would impair the beneficiary’s property.