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Servitude

From Roman law, referring to rights of use over the property of another; a burden on a piece of land causing a land owner to suffer access by another.

An easement is type of servitude as is a profit a prendre.

This is one of the infrequent concepts of common law that is equally known to civil law (from where it originated).

Section 1177 of Quebec's Civil Code, circa 2007, and a robust specimen of legalese, is as follows:

"A servitude is a charge imposed on an immovable, the servient land, in favour of another immovable, the dominant land, belonging to a different owner. Under the charge the owner of the servient land is required to tolerate certain acts of use by the owner of the dominant land or himself abstain from exercising certain rights inherent in ownership. A servitude extends to all that is necessary for its exercise."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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