What is a servitude?

A servitude is a legal obligation or restriction imposed on lands or properties in North Carolina residential real estate law. It is a type of real property right that gives an owner of property (known as the “dominant” owner) the right to use another person’s land (known as the “servient” owner). This means that the dominant owner has the right to use the servient owner’s land for a specific purpose, such as using the property for a road or pipeline. The servitude must be spelled out in a written contract and the owner of the servient land must agree to it in order for it to be legally binding. The contract will typically include a description of the property, a definition of the rights granted, and a description of how long the servitude will remain in effect. The servitude may also include the right to build improvements on the land of the servient owner, such as a fence or a shed.

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What is a servitude?

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