A term which indicates the subjection of one person to another person, or of a person to a thing, or of a thing to a person, or of a thing to a thing.
Hence servitudes are divided into real, personal, and mixed.
A real or predial servitude is a charge laid on an estate for the use and utility of another estate belonging to another proprietor. Louis. Code, art. 643. When used without any adjunct, the word servitude means a real or predial servitude.
The subjection of one person to another is a purely personal servitude; if it exists in the right of property which a person exercises over another, it is slavery. When the subjection of one person to another is not slavery, it consists simply in the right of requiring of another what he is bound to do, or not to do; this right arises from all kinds of contracts or quasi con tracts.
The subjection of persons to things or of things to persons, are mixed servitudes.
Real servitudes are divided into rural and urban. Rural servitudes are those which are due by an estate to another estate, such as the right of passage over the serving estate, or that which owes the servitude, or to draw water from it, or to water cattle there, or to take coal, lime and wood from it, and the like. Urban servitudes are those which are established over a building fur the convenience of another, such as the right of resting the joists in the wall of the serving building, of opening windows which overlook the serving estate, and the like.
Those servitudes which arise in consequence of the nature of the soil.
By law the inferior heritages, are submitted in relation to the natural flow of waters, and the like, to the superior. An inferior field is, therefore, subject to the injury or prejudice which the situation of the ground, in its natural state, way cause it.
personal. Those by which the property of a subject, in Scotland, is burdened in favor, not of a tenement, but of a person. Life rent is the only personal servitude there.
A service or servitude; a burden imposed by law, or the agreement of parties upon certain persons, for the benefit of others; or upon one estate for the advantage of another, or for the benefit of another person than the owner.
Servitude; slavery; a state of bondage. "Servitus autem, est constitutio," say the Institutes of Justinian "qua quis dominio alieno contra naturam subjicitur." Servitude is a disposition of the law of nations, by which, against common right, one man has been subjected to the dominion of another.
The name of a servitude by which an obligation is imposed on the owner of a house to allow windows or lights to be put in his wall by the owner of the adjoining house.
The name of a servitude which obliges the owner of an estate to receive, or his right to turn aside, the droppings or stream from his neighbor's house.
SERVITUS TIGNI IMMITTENDI
The name of a servitude which consists in requiring him who owes it, to permit his neighbor to place his joists on his wall. It differs from the servitude Oneris ferendi. in this, that in the former the owner of the servient building is bound to repair and rebuild the wall; whereas, in the latter he is not.