What is a servitude?

A servitude is a legal concept found in residential real estate law in Rhode Island. It is a type of property interest that gives one party a legal right over another party’s property. This right generally involves a person or entity having a right to use land owned by someone else. The owner of the land owing a servitude is known as the servient owner, and the party with the right to use the land is called the dominant owner. Servitudes over land can involve a wide range of uses, such as the right to drive across the servient owner’s land or the right to place utilities on the property. Additionally, servitudes can involve granting a party the right to draw water from the servient owner’s land for irrigation or recreational purposes. It is important to understand that servitudes are different from easements, which are another type of property interest. Easements involve a party having a right to use land for a specific purpose, such as the right to place a fence on the land or the right to put up a wind turbine. A servitude, on the other hand, gives a party the right to use land for whatever purpose they choose. In Rhode Island, servitudes and easements for residential real estate are created through contract and/or deed. Both documents must accurately describe the servitude or easement being created and must be properly filed with the local county clerk’s office.

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What is a servitude?

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