What is a servitude?

A servitude is a legal term used in real estate law in California. It is a type of legal interest that someone may have over another person’s land. A servitude gives the owner the right to use the other person’s land in a particular way. For example, if someone has a servitude on a residential property, they may have the right to use the land for a specific purpose such as to erect a fence, lay a pipe, or build a structure. Servitudes are an important part of residential real estate law in California as they provide a legal way of ensuring that one person’s rights over the land owned by another person are recognized and enforced. The person who owns the servitude is called the servient owner, while the person with the servitude is called the dominant owner. The servitude allows the dominant owner to use the land for their particular purpose, but it does not grant them full ownership of the land. The servitude does not transfer ownership of the land to the dominant owner. For example, if a servitude grants someone the right to erect a fence on a property, then the owner of the servitude does not automatically own the fence. They simply have the legal right to build it. Servitudes are enforceable by both civil and criminal laws, so it is important for residential real estate owners in California to understand them and their implications. If a servitude is violated, then the owner of the servitude can take legal action to enforce their rights.

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What is a servitude?

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