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Legal Definitions - conventional servitude

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Definition of conventional servitude

Conventional Servitude

Conventional servitude is a type of encumbrance that involves a limited right to use a piece of land or other immovable property without possessing it. It is a burden on an estate for the benefit of another person. This type of servitude can be established through an agreement or acquisitive prescription.

  • An easement that allows a neighbor to use a portion of your land to access their property.
  • A right-of-way that allows a utility company to access your property to maintain their equipment.
  • A covenant that restricts the use of your property, such as a prohibition on building above a certain height.

These examples illustrate how conventional servitudes can be established through an agreement between parties or through acquisitive prescription. They also show how the servitude benefits another person or entity, such as a neighbor or utility company.

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Simple Definition

Conventional servitude is when someone has the right to use a piece of land or property without owning it. This can include things like easements, licenses, and covenants. It can be established through an agreement or by law. There are different types of servitudes, like rural and urban servitudes, and they can be either apparent or nonapparent. It's important to note that servitude is not the same as slavery or forced labor.

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