Registration Of Servitude
Registration Of Servitude Questions Answered
Some questions regarding the registration of servitude rights are briefly answered below to help you make an informed buying, selling or registration of servitude rights decision.
What is servitude?
It is a right registered in the name of a person or entity over the immovable property of another party. Such rights must be registered at the Deeds Office and are indicated on the title deed of the immovable property.
Which types of rights are entailed in servitude?
Registration of servitude rights can be done for way of travel over part of another’s property in order to reach one’s property.
Are there different servitudes?
Yes there are two main types of servitudes; that of praedial and of personal servitudes.
What is a praedial servitude?
It is a right that a person has to usage of a part of an immovable property because the person is the owner of the property. The servitude is transferred to a buyer of the property. One for instance, gets the right of way to another’s property when buying a piece of property that has that right assigned to it.
What is a personal servitude?
It is a right of usage only assigned to a person; such a right cannot be transferred.
How will one be able to identify a servitude registered over an immovable property which one wants to purchase?
The title deed of the property will have details of the servitude.
If I want to sell a property that has a servitude registered over it, should I get permission of the servitude rights holder to do so?
No, but the new owner of the property is obliged to respect the servitude registered over the property.
Where can one get help if one needs to register servitude over another party’s property or require assistance in a dispute regarding servitude?
You can contact our conveyancing attorneys for registration of servitude assistance as well as legal advice regarding disputes.