What is a servitude?

A servitude is a legal term used in residential real estate law in Washington. It is a special kind of agreement, or “burden,” between two landowners. The servitude is a mutual agreement that gives one landowner (the benefitting party) the right to use the land of another landowner (the burdened party). The benefitting party may receive rights to the use, possession, and enjoyment of the burdened party’s land in exchange for a payment, or simply as an agreement between the two parties. For example, a servitude might give a neighbor the right to access another neighbor’s land, such as to use a driveway or a shared path. In Washington, servitudes must be created and documented in writing, and they must include details about how the servitude will be used, what rights the benefitting party has, and any payments that are involved. In addition, both parties must consent to the servitude in order for it to be considered valid. It is important to remember that servitudes do not provide the benefitting party with any rights to ownership—they simply provide rights to use the land in some way.

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What is a servitude?

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