What is an affirmative servitude?

An affirmative servitude is a legal term used in property law in Texas. It means that an owner of land has to do something positive on their land to help another property owner. For example, an affirmative servitude may require one landowner to provide water, sewer, electricity, or access to their land to another landowner. It is important to note that the landowner with the affirmative servitude cannot be forced to use their land for another purpose. In Texas, an affirmative servitude is legally enforceable by a court of law if the owner of the land with the servitude does not fulfill their obligations. The servitude can also be registered with the county to ensure that it is legally binding. Affirmative servitudes are often used in order to benefit multiple landowners and to prevent one landowner from blocking access or resources to their neighbors.

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