Legal Definitions - implied reciprocal servitude

Implied reciprocal servitude is a legal term that refers to an agreement between two parties where each party agrees to certain restrictions or obligations on their property. This agreement is not explicitly stated in a contract or deed, but is instead implied based on the actions of the parties involved.

For example, if two neighbors agree to maintain a shared driveway between their properties, this agreement may be considered an implied reciprocal servitude. Even though the agreement was not explicitly stated in a legal document, both parties have acted in a way that shows they understand and agree to the terms of the agreement.

Another example of implied reciprocal servitude could be a situation where two neighboring properties have a shared fence. Even though there is no written agreement about the fence, both parties have acted in a way that shows they understand and agree to maintain the fence and keep it in good condition.

Overall, implied reciprocal servitude is a way for parties to agree to certain obligations or restrictions on their property without the need for a formal contract or legal document. It is important for parties to understand the implications of implied reciprocal servitude and to act in a way that is consistent with the terms of the agreement.