Legal Dictionary
Main Entry:
ser·vi·tudePronunciation:
's&r-v&-"tüd, -"tyüdFunction:
noun 1 : a condition in which an individual lacks liberty esp. to determine his or her course of action or way of life;
specifically : the state of being a slave
servitude> —see also Amendment XIII and Amendment XV to the CONSTITUTION in the back matter
2 : a right by which property owned by one person is subject to a specified use or enjoyment of another —used chiefly in the civil law of Louisiana —see also dominant estate and servient estate at ESTATE 4 —compare EASEMENT
apparent servitude
: a predial servitude whose existence is perceivable by exterior signs or works (as an aqueduct or road) on the property
legal servitude
: a predial servitude that is created by a limitation under the law on the use of the property
natural servitude
: a predial servitude that arises from the situation of the estates (as from one being situated downhill from another)
personal servitude
: a servitude that burdens property in favor of a specific named person —see also RIGHT OF USE, USUFRUCT
predial servitude
: a servitude that burdens one item of immovable property (as a tract of land) in favor of another
NOTE: A predial servitude is transferred along with the ownership of the dominant estate, and the servient estate is always taken subject to the servitude. A predial servitude cannot be transferred separately from the dominant estate.