servidão

Servidão, a term originating from Latin "servitus," refers to a legal burden or encumbrance on one property for the benefit of another. It is a real right that limits the ownership of one parcel of land, known as the servient tenement, in favor of another parcel, the dominant tenement. This right is typically established by law or by agreement between the owners of the respective properties.

There are various types of servidões, each with specific characteristics and purposes. Common examples include servidões of passage, which grant the right of way across a neighboring property, and servidões of aqueduct, allowing for the passage of water. Other types may relate to light, view, or even the use of specific facilities.

The creation of a servidão can occur through different means. It can be established by deed, where the owner of the servient tenement grants the right to the owner of the dominant tenement. Prescription, a form of adverse possession, can also lead to the acquisition of a servidão if it has been openly and continuously exercised for a statutory period. In some cases, servidões may arise by necessity, such as when a property is landlocked and requires access through an adjoining parcel.

The rights and obligations associated with a servidão are generally defined at the time of its creation. The owner of the dominant tenement has the right to exercise the servidão, while the owner of the servient tenement is obligated to tolerate this use. The extent and nature of the servidão are typically interpreted narrowly to minimize the burden on the servient property. Servidões are usually permanent encumbrances that pass with the land, meaning they bind future owners of both the dominant and servient tenements.