WHAT IS A SERVITUDE?

a servitude

A servitude is a right which one person holds in/over property belonging to someone else, entitling the holder to exercise a right in the property or prohibit the property owner from exercising one of his/her usual ownership rights.

Two of the most common servitudes you would come across are:

  • Personal Servitude
  • Praedial Servitude

 

Personal Servitude:

A Personal Servitude is registered against land in favour of a natural person. It is a real right which attaches to the individual in his/her personal capacity. The personal servitude will be limited to the lifetime of the holder thereof. An example would be a usufruct.

Praedial Servitude:

A Praedial Servitude is a registered servitude which one property (the dominant property) has over another property (the servient property). The servitude is registered in favour of another property rather than a person. A praedial servitude will continue forever or until formally cancelled in the relevant Deeds Office. An example would be a right of access.

All servitudes must be formally registered in the Deeds Office having the relevant jurisdiction. For more information and the approximate costs of registering a servitude, contact your STBB conveyancer or email laurens@stbb.co.za

www.stbb.co.za

021 673 4700

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