servitù

Servitù is a legal concept originating in Roman law and prevalent in civil law jurisdictions, particularly Italy, France, and other countries influenced by the Napoleonic Code. It refers to a burden or servitude imposed on one property (the servient tenement) for the benefit of another property (the dominant tenement). This burden typically grants the owner of the dominant tenement certain rights or privileges over the servient tenement.

Common examples of servitù include rights of way, allowing passage across a neighbor's land, or rights of aqueduct, permitting the flow of water. Other types might involve restrictions on building heights or limitations on land use to preserve views or sunlight. Servitù can be established by law (legal servitù), by agreement between property owners (conventional servitù), or through long-standing, open, and uninterrupted use (usucaptive servitù).

The existence of a servitù attaches to the land itself, meaning it typically passes with the ownership of the properties involved. The owner of the servient tenement is generally obligated to tolerate the exercise of the right by the dominant tenement owner, but is not required to perform an active service. Conversely, the owner of the dominant tenement must exercise their right reasonably and without causing unnecessary damage or inconvenience. The termination of a servitù can occur through various means, such as by agreement, merger of the properties, or non-use for a prescribed period.