What is an affirmative servitude?

An affirmative servitude is a type of legal right granted by the owner of a property to another individual or group that allows them to use the land or property for a certain activity or purpose. This type of servitude is an affirmative right because it grants a privilege to the user of the property, rather than restricting activities on the property as a negative servitude would. In California, affirmative servitudes are usually granted in the deed or title to the property and are binding upon all subsequent owners of the land or property. An example of an affirmative servitude is a homeowner granting permission to a neighbor to use a private road to access their property. Though an affirmative servitude may seem like a good idea to those interested in taking advantage of it, it must be remembered that such a privilege may come with certain obligations. If the owner of the property with the affirmative servitude fails to uphold their obligations, they might find themselves liable for damages.

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What is an affirmative servitude?

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