Property & Housing

Praedial Servitude

A praedial servitude is a registered right that burdens one property (the servient tenement) for the benefit of another property (the dominant tenement) — like a right of way.

Legal Definition

A limited real right registered over immovable property (the servient tenement) that benefits another property (the dominant tenement). Examples: right of way (right to cross the servient property), aqueduct (water pipeline), and right not to build. Runs with the land — not personal to the owner.

📖 Constitutional / Statutory Basis: Section 25, Constitution of the Republic of South Africa, 1996; Deeds Registries Act 47 of 1937

Practical Example

Your property is landlocked. The previous owner registered a right of way over the neighbour's land. This servitude appears in the title deed and binds all future owners of the neighbour's land.

Frequently Asked Questions

Can a servitude be cancelled?

Yes — by agreement between the owners of both properties, by court order, by abandonment, or by prescription (non-use for 30 years).

Is a servitude the same as an easement?

Yes — South African law uses "servitude"; English law uses "easement." They are equivalent concepts.

Can a personal servitude be registered?

Yes. A personal servitude benefits a specific person (e.g., usufruct — right to use and enjoy property). It ends on the holder's death.

Related Terms

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