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Legal Definitions - natural servitude

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Definition of natural servitude

Natural Servitude

Natural servitude is a type of servitude that is imposed by law due to the natural situation of the estates. It is a right exercised by a dominant tenement over a servient tenement, either adjoining or neighboring. An example of a natural servitude is a lower estate that is bound to receive waters flowing naturally from a higher estate. It requires no special mode of acquisition and is naturally appurtenant to land.

  • A lower estate that is bound to receive waters flowing naturally from a higher estate.
  • The right of land, unencumbered by buildings, to the support of the adjoining land.

These examples illustrate how natural servitude is imposed by law due to the natural situation of the estates. The lower estate is naturally bound to receive waters flowing from the higher estate, and the right of land to support from the adjoining land is naturally appurtenant to the land. These rights require no special mode of acquisition and are naturally imposed by law.

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Simple Definition

Natural servitude is a type of burden or limitation on a piece of land that is automatically imposed by law because of the natural situation of the estates. For example, if one piece of land is lower than another, the lower piece of land is required to receive waters flowing naturally from the higher piece of land. It does not require any special agreement or acquisition to come into existence.

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