Servitude is defined as a real right over a real property wherein one property is subjected to a burden in favor of another. It is a common law concept not usually encountered in Civil law oriented countries. It operates when the owner of a particular property is legally prohibited or sanctioned to either perform or refrain from doing a particular act. Servitudes usually involve two parcels of land. The property subject to Servitude is called the Servient estate. It is the obligation of the owner of the Servient estate to either perform or omit certain actions that would benefit the dominant estate. The Dominant estate is the property benefiting from the Servitude. More often than not, servitudes involve the use of particular necessities such as adjoining wells, irrigation ditches, and rights of way.



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