Servitudes


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SERVITUDES, NATURAL, civil law. Those servitudes which arise in consequence of the nature of the soil.
     2. By law the inferior heritages, are submitted in relation to the natural flow of waters, and the like, to the superior. An inferior field is, therefore, subject to the injury or prejudice which the situation of the ground, in its natural state, way cause it.

SERVITUDES, personal. Those by which the property of a subject, in Scotland, is burdened in favor, not of a tenement, but of a person. Ersk. Pr. L. Scot. B. 2, t. 9, s. 23. Life rent is the only personal servitude there.

References in periodicals archive ?
Essentially, there are three regimes of servitude law that come into play when examining a PTFC: the Common Law, the Restatement (Third) of Property: Servitudes, and Statutory Law.
The Restatement (Third) of Property: Servitudes abandons the "Touch and Concern" doctrine in exchange for greater reliance on, and deference to, contract principles.
there must be a reasonable nexus between the benefit, the burden, and the effect of the servitude upon enjoyment of the land.
discusses both the current law for easements, real covenants, and equitable servitudes and the integrated approach of the Restatement (Third) of the Law of Property: Servitudes, including questions, answers, problems, and analysis in each chapter.
What is the use of feeling the servitude (servitude) of courts if we drag some of it right home to our lair?
That is, he acknowledges a condition of servitude determined by a particular contract.