In our law a distinction is made between personal and praedial servitudes.

A personal servitude is a servitude registered against land in favour of a natural or other person. The servitude is enjoyed by the holder in their personal capacity. It is usually granted for the lifespan of the holder, or a specified timeframe.

A praedial servitude, however, is a registered servitude which one property has over another property. It is thus not a servitude in favour of a person, but rather in favour of another piece of land. A praedial servitude generally continues in perpetuity.

The most important difference between the two types of servitude is the fact that a personal servitude attaches to a specific person, while a praedial servitude attaches to specific property. However, both kinds are considered to be real rights and as such, are enforceable between the parties concerned, as well as third parties.

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