What is a servitude?

A servitude is a legal agreement between two people or entities that affects the use of a piece of property. In Delaware, residential real estate law defines servitude as an arrangement in which one party has a right to use another party’s land for a specific purpose. In other words, someone else has certain rights to use a piece of your property, such as a driveway or access to a well. Servitudes can be either positive or negative. In a positive servitude, one party has a right to use a portion of another party’s property for a specific purpose, such as having a right to access a well or driveway. Negative servitudes limit a party’s use of their own property such as not being able to build a fence or remove trees on the land. Servitudes are sometimes created by a deed, which states that the servitude exists. The deed may also define how long the servitude will last and what the parties’ respective responsibilities are. Servitudes can also be created through a court order, which may be necessary if the parties are unable to come to an agreement. In Delaware, servitudes are typically enforced through preliminary and permanent injunctions. Preliminary injunctions are temporary court orders that restrain a party from violating the servitude agreement. On the other hand, permanent injunctions permanently enjoin a party from violating the agreement. Understanding servitudes and the legal implications that come with them is important for all parties involved in a residential real estate transaction in Delaware. Knowing how servitudes are created and enforced is essential to protecting one’s rights.

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What is a servitude?

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