Legal Definitions - affirmative servitude

Definition: An encumbrance on a piece of land or property that grants someone the right to use it for a specific purpose, without possessing it. It is also known as a positive servitude.

Examples: A common example of an affirmative servitude is an easement that allows someone to use a portion of another person's land for a specific purpose, such as a driveway or a pathway. Another example is a right-of-way that allows someone to cross over another person's land to access their own property.

Explanation: Affirmative servitudes are legal agreements that allow someone to use another person's property for a specific purpose. These agreements are often used to provide access to landlocked properties or to allow for the installation of utilities, such as power lines or water pipes. The examples illustrate how an affirmative servitude can benefit both parties involved, as it allows for the efficient use of land and resources.