Legal Definitions - private servitude

Definition: Private servitude is a type of encumbrance on a piece of land or property that grants a specific person the limited use of that property without possessing it. It is a burden on the estate for the benefit of another person. Examples of private servitudes include a landowner's personal right-of-way over an adjoining piece of land or a right granted to one person to fish in another's lake.

Example: A landowner may grant a private servitude to their neighbor, allowing them to use a portion of their land to access a nearby river for fishing. This means that the neighbor has the right to use the land for fishing, but they do not own the land itself. The landowner still retains ownership and control over the property, but they have granted a limited right to their neighbor.

This example illustrates how private servitude works by granting a specific person the right to use a piece of land without possessing it. It is a burden on the estate for the benefit of another person, in this case, the neighbor who wants to fish in the nearby river.