How Does A Servitude Affect The Value Of The Property?

What is servitude of drainage?

Article 6601 provides for a servitude “due by the estate situated below to receive the waters which run naturally from the estate situated above.” The proprietor below may not obstruct this natural drainage, nor may the proprietor above render the servitude more burdensome..

Is it bad to have a drainage easement on your property?

A drainage easement may have a negative impact on property value if it severely restricts the use of the property, but that generally occurs only on smaller parcels in which the easement makes up a good deal of the yard area.

What is a servitude road?

A servitude road is registered in the deeds of transfer of your land as well as your neighbour’s land. If such a servitude road is registered, both land-owners are bound to the servitude agreement; the one to use the servitude road and the other to grant the right of way to the neighbour.

Can unregistered servitudes be enforceable?

An unregistered personal servitude can be enforced against third parties who acquire the property with knowledge of the personal servitude.

What is a servitude?

1 : a condition in which one lacks liberty especially to determine one’s course of action or way of life. 2 : a right by which something (such as a piece of land) owned by one person is subject to a specified use or enjoyment by another.

What is a municipal servitude?

Think of servitudes are areas of land that you own, but which someone other than you has a right to. The municipality has the right to lay services under your property. Such services would typically be the municipal sewer system, and they will be in such servitudes.

What is the most important example of a personal servitude?

An example of a personal servitude is a usufruct. A usufruct is a right to use and enjoy another’s property. A person can have a usufruct over another’s home and therefore have the right to use and enjoy that home to the limitation of the owner of that home.

When can a servitude be terminated?

Sections 75(1) and 76(1) of the DRA allows for the registration of servitudes for a limited period and they may terminate on a certain event, for example, a water servitude may be expressed to terminate when a local authority is formed to supply water. That is covering the whole of the servient property.

Who is responsible for drainage easement?

The responsibility for maintaining a drainage easement(s) typically falls on a homeowners association and/or the individual property owner in which it lies. You can determine whether your property contains a drainage easement by reviewing your subdivision final plat.

What are servitude rights?

Servitudes are access rights granted over one property for the benefit of the neighbouring property. … Servitude rights are “real rights”. They attach to the land and are capable of binding each subsequent purchaser of the land.

What are the implications of the servitude in relation to providing finance for the property?

Goslett says that while it may not be an issue for some, many buyers are turned off by the fact that a servitude is held on a property. As a result, servitude can reduce the demand for a property which in turn can have a negative impact on its perceived value in the market.

Who maintains an easement?

SCHORR LAW’S REAL ESTATE BLOG One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is – the owner of the easement is responsible for maintaining the easement.

What is a servitude Praedial and personal?

A personal servitude is a right attached to a specific person to use and enjoy another’s property and cannot exist longer than the lifetime of the person in whose favour it was registered. A praedial servitude, on the other hand, is a right that attaches to the property itself (not a person).

What is servitude in property?

A servitude can be defined as a limited real right registered in the Deeds Office against the title deed of a property in terms of which a burden is imposed on an immovable property restricting the rights, powers or liberties of its owner to a greater or lesser extent in favour of either another person or the owner of …

Can you build on a servitude?

Meaning you are not allowed to build there without the consent from the neighbour etc. If a servitude registrar at the deeds office it must be for something, and to be shown on the title deeds, either for services, like sewer, water or electricity, or access to other erven.

What is a Predial servitude?

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

What is a servitude agreement?

DEFINITION OF A SERVITUDE: A servitude is a legal device that creates a right or an obligation in land; it can also be an interest in land. Put differently, a servitude is an interest in another’s possessory estate in land, entitling the holder of the servitude to make some use of another’s property.