What is a servitude?

A servitude is an interest in real estate that grants another party certain rights over the land. It is a form of legal obligation that one landowner has to another. In Washington, servitudes are usually created when someone buys or sells real estate or when a loan is taken out against a piece of land. Servitudes can be used for a variety of reasons, from granting access to shared property to allowing utility companies to install cables and lines. For example, a servitude may allow a utility company to install a transmission line across a private homeowner’s property. This servitude would provide the utility company with the right to put in the line, while the homeowner would still have control and ownership of the land. Servitudes also impact a person’s ability to develop their land, as they can impose restrictions or prohibitions on what can be done on the land. For example, a servitude may prohibit the construction of any additional buildings on the property, or it might restrict the type of activity that can occur on the property. Because servitudes can have such a large impact on real estate, it is important that anyone buying, selling, or borrowing against real estate in Washington understand the legal implications of servitudes.

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