What is a servitude?

Servitude is a registered right that a person has over the immovable property of another. It allows the holder of the servitude to do something with the other person property, which would not normally be allowed. An example is the right of way to travel over a section of the other persons property to reach your own property.

How do you know whether there is a servitude registered over property?

If you were to examine the title deed, you would be able to ascertain whether there is a servitude registered over the property. If you are unsure, ask your conveyancing Attorney to assist you.

There are two main types of servitudes:

Praedial servitude, which is when a person has a right to use because of ownership of property. Should he sell the property, the servitude will move over to the new owner.

Personal servitude is a right in favour of a specific individual.  When that individual dies, the servitude falls away. It does not pass on to the new owner of the property.

You do not need to get permission from the person that has a right of a servitude over your property if you want to sell it. However, the new owner will have to comply with the servitude. Remember that a servitude affects the value of property.
 

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