Servitude Agreement in Property Law
A servitude agreement in property law is a legal contract that establishes a non-possessory right held by one party (the dominant estate) to use the property of another party (the servient estate) for a specific purpose. This agreement creates a binding obligation on the servient estate’s owner, allowing the dominant estate to exercise certain rights—such as access, utility lines, or pathways—while still retaining ownership of their own property.
There are two primary types of servitudes: easements and covenants. An easement grants the right to use another’s property for a specific purpose, such as a right-of-way for accessing landlocked property or utility easements for installing power lines. For example, if a homeowner has a driveway that crosses their neighbor’s yard, a formal easement can be established to allow regular access.
Covenants, on the other hand, are agreements that impose restrictions on the use of a property. For instance, a homeowner may agree to maintain their property in a certain manner or refrain from certain activities that could affect neighboring properties, such as keeping livestock in a residential area.
A servitude agreement can be created through express written consent, and it can be either temporary or permanent, depending on the terms set forth. It’s essential for such agreements to be properly recorded in the public land records to ensure enforceability against future owners of the servient estate. These agreements play a crucial role in property development, land use planning, and neighborhood governance, as they help balance the rights and responsibilities of property owners.
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