What is a servitude?

A servitude, also known as a covenant or an easement, is a legal right that allows someone to use a portion of another person’s property for a limited purpose or period of time. Servitudes are common in the state of Washington where people have a right to access, use, or have visibility of another person’s land. A servitude may give a homeowner the right to run a utility line through a neighbor’s property, or it may provide a public road access to certain private land. There are two main types of servitudes: a positive servitude and a negative servitude. A positive servitude gives an owner the right to use another person’s land in a specific way, such as running a pipeline. A negative servitude restricts the use of the land, such as limiting construction. In Washington, servitudes must be in writing and must include the name of the servient estate, which is the land burdened by a servitude, as well as the name and contact information of the servient owner. Servitudes can be created by a deed of conveyance, an agreement between two parties, or in other circumstances. They also can be terminated, so it is important to understand the details of the servitude. The Washington state court system helps settle disputes that may arise related to servitudes.

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