What is a servitude?

A servitude is a type of legal interest in real estate law in Virginia. It is a right someone has to use a piece of property, even though they don’t actually own it. This right can include the ability to travel across someone else’s land, the right to have a certain view, or even the right to have water stored in someone else’s reservoir. There are two main types of servitudes in Virginia: a negative servitude, which restricts use of a certain piece of property, and a positive servitude which involves being able to access a piece of property for a specific purpose. Servitudes can be created either by direct agreement or impliedly through usage. They can also be imposed by a court. When a servitude is created or imposed, it is done so in the form of a deed, trust, court order, or other legal document. It can also be agreed to orally, although this is not preferred due to its lack of permanence and security. Once a servitude is created, it will remain in effect until it is released, or until the property is sold or otherwise transferred. A person who owns the property subject to the servitude is known as the servient owner, while the person who has rights to use the property is known as the dominant owner. Servitudes are commonly used in the real estate industry and can be necessary for certain development projects. In Virginia, it is important to understand servitudes before entering into any agreements regarding real estate.

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What is a servitude?

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