Servidumbre Predial

Servidumbre Predial

• Servidumbre predial is a burden imposed on one property (the servient estate) for the benefit of another property (the dominant estate).
• The two properties belong to different owners.
• The burden on the servient estate allows the dominant estate to enjoy a specific use or benefit.
• This benefit is non-possessory. The owner of the dominant estate doesn't obtain ownership or control of the servient estate.
• Examples of servitudes often involve access (right of way), support (preventing a building from collapsing), or water rights, among others.
• Different types of servitudes exist, including continuous (those that can be enjoyed without the intervention of a person), discontinuous (requiring the intervention of a person), apparent (obvious and visible) and non-apparent (not easily noticeable).
• The specifics of the servidumbre predial are determined by the terms of the agreement or by law.
• The existence of a properly constituted servitude is a significant aspect of property ownership.
• The creation of a servidumbre predial is typically accomplished through a written instrument, such as a deed or agreement, reflecting legally valid conveyance or imposition.
• Failure to comply with legal requirements for establishing a servidumbre could render it invalid.
• Servitudes are generally transferrable with the respective properties.
• Servitudes can be terminated under established laws, for instance, when the purpose for the servitude no longer exists or when the dominant and servient estates become owned by the same person. This is known as the extinction of the servitude.
• The imposition of servidumbre predial significantly affects the uses and entitlements of the properties involved, highlighting the importance of legal clarity and proper documentation.
• Servidumbre predial, or simply servidumbre, is a burden imposed on a property for the benefit of another property of a different owner.