In civil law systems, a servitude is a qualified beneficial interest carved out of full ownership and attached either to another parcel of land or to a particular person, operating as a subordinate real right alongside easements and security interests. Predial servitudes burden one property, the servient estate, for the benefit of another, the dominant estate, transfer automatically with ownership, and are treated as perpetual, while personal servitudes such as usufruct, life interests, and easements in gross benefit an individual rather than a property and generally cannot be transferred unless the grant allows it. A servitude cannot compel the burdened owner to perform a positive act; it can only restrict certain uses of the land or require the owner to tolerate specified activity on it. The doctrine descends from Roman law and has been codified in modern civil law jurisdictions such as Quebec, though mixed jurisdictions like Quebec and Louisiana show some common law influence on how servitudes are recognized. Servitudes can arise by express agreement, by adverse possession, or by automatic operation of law. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/
Facts
Core PrincipleA servitude cannot impose a positive duty on the owner of the burdened property, only duties to refrain from or to suffer certain things. 2 Classification
Doctrine Category Connections
In Area Of Law
Entity-backed identity for the doctrine category value this doctrine already carries as an enum fact, resolved to a doctrine entity by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The enum fact itself stays on the entity unchanged.
In Legal System
Source Servitude in civil law (Wikipedia)
Sources
1. Wikipedia: Servitude in civil law
a qualified beneficial interest severed or fragmented from the ownership of an inferior property and attached to a superior propertyView the Source 2. Servitude in civil law (Wikipedia)
Introduction, second paragraph
A servitude cannot impose the performance of a positive duty on the owner of the burdened property
- In Group: Ius in Re, lead paragraph defines the civil law real right
In Legal System: Civil Law, Introduction
At civil law, ownership (dominium) (e.g.
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