SERVITUDES

SERVITUDES

DEFINITION: A servitude is a charge or burden upon a thing, usually an immovable(real estate), for the benefit of another person or another estate.  Black’s Law Dictionary, 6th edition (1990).  It is closely related to the common law concept of easement.

Kinds of servitudes
Servitudes are either personal or predial.  La. C.C. art 533.  A personal servitude is a charge on a thing for the benefit of a particular person and terminates with his life.  La. C.C. arts. 534,734, Cf., La. C.C. art 607.  A predial servitude is a charge on a thing for the benefit of the owner of another thing.  La. C.C. arts 646,733.  A predial servitude does not terminate with the death of the owner of the thing in whose favor the servitude runs, but extends to any owner, whether the original or a successor.

Art. 533.  Kinds of Servitudes
There are two kinds of servitudes: personal servitudes and predial servitudes.

Art. 534. Personal servitude
A personal servitude is a charge on a thing for the benefit of a person.  There are three sorts of personal servitudes:  usufruct, habitation, and rights of use.

Art. 646. Predial servitudes definition.
A predial servitude is a charge on a servient estate for the benefit of a dominant estate.

The two estates must belong to different owners.

Art. 733. Interpretation: benefit of dominant estate.
When the right granted be of a nature to confer an advantage on an estate, it is presumed to be a predial servitude.

Act. 734. Interpretation: convenience of a person.
When the right granted is merely for the convenience of a person, it is not considered to be a predial servitude, unless it is acquired by a person as owner of an estate for himself, his heirs and assigns.

 

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