SER.VITUDE. In Civil Law. The subjection of one person to another person', or of a person to a thing, or of a thing to a person, or of a thing to a thing.
A right which subjects a land or tenement to some service for the use of another land or tenement which belongs to another master. Domat, Civ. Law, Cushing's ed. i.1018.
A mixed servitude is the subjection of persons to things, or things to persons.
A natural servitude is one which arises in consequence of the natural condition or situa tion of. the soil.
A personal servitude is the subjection of one person to another if it cotisiste in the right of property which a person exercises over another, it is slavery. When the sub jection of one person to another is not slavery. it consists simply in the right of requiring of another what he is bound to do'or not to do : th's right arises from all kinds of con tracts or quasi-contracts. Lois des Bat. p. 1, c. I, art. 1.
A real or predial servitude is a charge laid on an estate for the use and utility of another estate belonging to another proprietor. La. Code, art. 643. When used without any ad junct, the word servitude means a real or predial servitude. Lois des Bit. p. 1, c. 1.
Real servitudes are divided into rural and urban.
Rural servitudes are those which are due by an estate to another estate, such as the right of passage over the serving estate, or that which owes the servitude, or to draw water from it, or to water cattle there, or to take coal, lime, and wood from it, and the like.
Urban servitudes are those which are estar blished over a building for the convenience of another,.such as the right of resting the joists in the wall of the serving building, of opening windows which overlocik the serving estate, and the like. Dalloz, Diet. Servi tudes.
This term is used as a translation of the Latin term eervitue in the French and Scotch law, Dalloz, Diet.; Paterson, Comp., and by many common law writers, 3 Kent, Comm. 434; Washburn, Easem., and in the Civil Code of Louisiana. Ser vice is used by Wood, Taylor, Harris, Cowper, and Cushing in his translation of Domat. Much af the comman-law doctrine of easements is closely analogous to and probably in part derived from, the eivil-law'doctrine of servitudes.