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Servitude

person, estate, law and servitudes

SERVITUDE. In Civil Law. The subjec tion of one person to another person, or of a person to a thing, or of a thing to a per son, 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 mas ter. Domat, Civ. Law, Cushing's ed. § 1018.

A mired servitude is the subjection of per sons to things, or things to persons.

A natural servitude is one which arises in consequence of the natural condition or sit uation of the soil.

A personal servitude is the subjection of one person to another: if it consists in the right of property which a person exercises over another, it is slavery. When the subjec tion 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: this right arises from all kinds of contracts or quasi-contracts. Lois des Bat. p. 1, c. 1, art. 1. .

A real or proylial servitude is a charge laid on an estate for the use and utility of anoth er estate belonging to another proprietor. La. Code, art. 643. When used without any adjunct, the word servitude means a real or prsedial servitude. Lois des Bat. p. 1, c. 1; Mitch. R. E. & Cony. 49. 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 es tablished 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 overlook the serving estate, and the like. Dalloz, Diet. Servitudes.

This term is used as a translation of the Latin term servitus in the French and Scotch Law, Dal loz, Diet. ; Paterson, Comp., and by many common law writers, 3 Kent 434; Washb. Easem., and in the Civil Code of Louisiana. Service is used by Wood, Taylor, Harris, Cowper, and Cushing in his trans lation of Domat. Much of the common-law doctrine of easements is closely analogous to, and probably in part derived from, the civil-law doctrine of servi tudes.

In common law the use of the word servi-1 tude is as a correlative of easement ; where one person has an easement which creates a burden upon the property of another, the lat ter is-'said to be burdened with a servitude. All servitudes are stereotyped and cannot be varied at the pleasure of parties; Mershon v. Safe Deposit Co., 208 Pa. 295; 57 Att. 569.