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LSDefine

Simple English definitions for legal terms

private servitude

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A quick definition of private servitude:

Private servitude is when someone has a right to use a piece of land or property that belongs to someone else, without actually owning it. This can include things like easements, licenses, and covenants. It can also refer to a specific person having a right to use someone else's property, like a right-of-way or fishing in someone's lake. It's different from public servitude, which is when the public has a right to use someone's property, like a highway or river.

A more thorough explanation:

Definition: Private servitude is a type of encumbrance on a piece of land or property that grants a specific person the limited use of that property without possessing it. It is a burden on the estate for the benefit of another person. Examples of private servitudes include a landowner's personal right-of-way over an adjoining piece of land or a right granted to one person to fish in another's lake.

Example: A landowner may grant a private servitude to their neighbor, allowing them to use a portion of their land to access a nearby river for fishing. This means that the neighbor has the right to use the land for fishing, but they do not own the land itself. The landowner still retains ownership and control over the property, but they have granted a limited right to their neighbor.

This example illustrates how private servitude works by granting a specific person the right to use a piece of land without possessing it. It is a burden on the estate for the benefit of another person, in this case, the neighbor who wants to fish in the nearby river.

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