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Legal Definitions - positive servitude

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Definition of positive servitude

Definition: Positive servitude is a type of real servitude that allows a person to lawfully do something on the servient landowner's property, such as entering the property.

Example: An example of positive servitude is when a homeowner grants their neighbor the right to use their driveway to access their own property.

This means that the neighbor has the legal right to enter the homeowner's property to use their driveway. This is a positive servitude because it allows the neighbor to do something on the homeowner's property.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Simple Definition

Positive servitude is a type of legal agreement that allows a person to do something on someone else's property, like entering it. It is different from negative servitude, which prohibits someone from doing something on their own property. Positive servitude is a way for people to share the use of land and property for their mutual benefit.

A good lawyer knows the law; a great lawyer knows the judge.

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A good lawyer knows the law; a great lawyer knows the judge.

✨ Enjoy an ad-free experience with LSD+