Natural and Legal Servitudes Flashcards
Are predial servitudes perpetual?
Potentially
Do the estates have to have close proximity?
Yes
Can a servitude be separated from the dominated estate?
No, they are indivisible
Can it impose affirmative duties on servient estate?
NO
What does the servient estate have to do?
Nothing, just allow servitude to exist.
What are natural and legal servitudes?
Natural servitudes arise from natural situations of the estates (like enclosed estates), legal servitudes are established be law
Natural servitudes of drainage, what does that mean?
if a servient estate is below a dominant estate and the water drainage naturally occurs, then that is a natural servitude. Cannot change or prevent water flow
What are legal servitudes?
limitations on ownership established by law for the benefit of the general public or particular persons. Such as obligations on the nieghrbohood. Can’t cause excessive noise, or have activities, that fall short of physical invasions, yet still interfere with neighbors enjoyment
What about encroaching buildings? What happens?
If a landowner in GF builds a building that encroaches on your property, you must object in reasonable time BEFORE building is substantially completed. Or court will allow to remain. This will created a servitude. Owner of building must compensate for the value of the servitude and any damages
(1) whether was built in GF
(2) would be servient landowner complained in reasonable time
(3) physical dimensions of servitude
(4) amount of compensation
What are the rights of an enclosed estate?
If the owner has no access to a road then he may claim a right of passage over a neighboring property to the nearest road or utility. He is bound to compensate the neighbor, and pay damages. Any new maintenance burdens on servient estate will be the responsibility of the dominant estate
What kind of passage?
For all kind of traffic or utility that is reasonable for that estate.
What about a voluntarily closed estate?
If the owner enclosed himself voluntarily, then the neighbors are not bound to furnish passage.
