Legal Definitions - discontinuous servitude

Definition: Discontinuous servitude is a type of easement that can only be enjoyed if the party claiming it deliberately acts in some way with regard to the servient estate. Examples of discontinuous servitude include a right-of-way and the right to draw water.

Examples: A property owner may have a discontinuous servitude that allows them to cross their neighbor's land to access a public road. Another example is a property owner who has the right to draw water from a well located on their neighbor's land.

Explanation: Discontinuous servitude is a limited right to use or control another person's land for a specific purpose. Unlike a lease or license, an easement may last forever, but it does not give the holder the right to possess, take from, improve, or sell the land. The land benefiting from an easement is called the dominant estate, while the land burdened by an easement is called the servient estate. Discontinuous servitude is a type of easement that can only be enjoyed if the party claiming it deliberately acts in some way with regard to the servient estate, such as crossing it for access or drawing water from it.