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Simple English definitions for legal terms

affirmative servitude

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A quick definition of affirmative servitude:

Affirmative servitude is a type of legal restriction on the use of property that allows someone to do something on another person's land, like entering it. It is a type of real servitude, which means it is an encumbrance on one piece of land that is accessory to another piece. Other types of servitudes include negative servitude, which prohibits someone from doing something on their land, and personal servitude, which grants specific rights to a person over someone else's property. Involuntary servitude, on the other hand, is the condition of being forced to work for someone else against your will.

A more thorough explanation:

Definition: An encumbrance on a piece of land or property that grants someone the right to use it for a specific purpose, without possessing it. It is also known as a positive servitude.

Examples: A common example of an affirmative servitude is an easement that allows someone to use a portion of another person's land for a specific purpose, such as a driveway or a pathway. Another example is a right-of-way that allows someone to cross over another person's land to access their own property.

Explanation: Affirmative servitudes are legal agreements that allow someone to use another person's property for a specific purpose. These agreements are often used to provide access to landlocked properties or to allow for the installation of utilities, such as power lines or water pipes. The examples illustrate how an affirmative servitude can benefit both parties involved, as it allows for the efficient use of land and resources.

affirmative representation | affirmative statute

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