PART 4 – TYPES OF PRAEDIAL SERVITUDES
A praedial servitude is a servitude held by one property over another. There will always be at least two properties involved in a praedial servitude.
The land entitled to benefit from the servitude is referred to as the “dominant tenement/ property” and the land burdened by the servitude is referred to as the “servient tenement/ property”. There is no fixed number of praedial servitudes, but a few general examples are:
- A right of way
- A parking servitude
- A right of stock-watering
- A right of grazing
- A right of conduction of electricity
- All kinds of restriction on the height, type and format of buildings to be erected on the servient property.
A praedial servitude is generally created by an agreement between the owners of the dominant and servient properties. Such an agreement will be registered by way of a notarial deed signed by both the parties.