What is a servitude?

A servitude is a real estate law term used in South Carolina which refers to a right that one person has over land that is owned by another person. A servitude grants a certain privilege to one party, while the other party has an obligation to comply with the servitude. Common examples of servitudes include rights of way, access easements, or utility easements. A servitude can either be general or specific. A general servitude is a broad right which applies to all landowners in an area, while a specific servitude applies to only one specific property or group of properties. When a servitude is established, it is recorded in the public records of the county in which the servitude applies. A servitude is an example of what is known as a nonpossessory interest in real estate. This means that it allows a person to have some use or control over real estate owned by someone else, but the person does not have an ownership interest in the property. Servitudes are recognized by South Carolina law, and are often used to grant access for utilities, transportation, and other purposes. For example, an access easement might give someone the right to use a portion of a neighbor’s land in order to access their own property. It is important that servitude holders understand their rights and obligations before entering into any servitude agreement.

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What is a servitude?

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