SERVITUDE, a name borrowed by the law of Scotland from the Roman law, to denote that kind of right or interest which a person often has in land of which he is not the owner, as a right to cut turf, etc. Servitudes are divided into predial and personal. A predial servitude is a right constituted over one subject or tenement by the owner of another subject or tenement; while a personal servitude is constituted over a subject in favor of a person without reference to possession of property. The only kind of per maid servitude is life-rent or usufruct. The predial servitudes are those usually referred to under the head of servitude. Such a servitude being constituted in respect of the ownership of property, passes to third parties with such ownership. The tenement over which the servitude exists is called the servient tenement, and the other is called the dominant tenement. Predial servitudes are again subdivided into rural and urban, according as they affect land or houses. The usual rural servitudes as those of passage
or road, pasture, feal and divot, aqueduct, thirlage, etc. Passage or road is the right which a person has to walk or drive to his house over another's land. Pasture is the right to send cattle to graze on another's lands. Feal and 'divot is the right to cnt turfs or pests on another's land. 'Aqueduct is the right to have a stream of water conveyea through another's lands. Thirlage is the right to have other people's corn sent to one's mill to be ground. The urban servitudes are stillicide, light, oneres ferendi, etc. Stilli aide is the right to have the rain from one's roof drop on another'sland or house. Light is the right to prevent another from bui:ding so as to obstruct the windows of one's house. Onerfs ferendi is the right of the owner of the flat above to have his flat sup ported by the flat beneath.