Servitude

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 (Gushing Ed.) § 1018. (1) A mixed servitude is the subjection of persons to things, or things to persons. (2) A natural servitude is one which arises in consequence of the natural condition or situation of the soil. (3) 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 subjection 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 qtuisi contracts. Lois des Bat. p.

1, c. 1, art.

1. (4) A real or predial servitude is a charge laid on an estate for the use and utility of another estate belonging to another proprietor. Code La. art.

643.

When used without any adjunct, the word "'servitude" means a real or predial servitude. Lois des Bat. p.

1, c. 1.

Real servitudes are divided into rural and urban. (a) 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. (b) Urban servitudes are those which are established 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.

This term is used as a translation of the Latin term servitus in the French and Scotch law (Dalloz; Paterson, Comp.), and by many common-law writers (3 Kent, Comm. 434; Washb. Easem.), and in the Civil Code of Louisiana. "Service" is used by Wood, Taylor, Harris, Cowper, and Gushing in his translation 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 servitudes. tude" being used only in the sense of the burden imposed by an easement. SERVITUS (Lat.) In Roman law. Servitude; slavery; a state of bondage; a disposition of the law of nations by which, against common right, one man has been subjected to the dominion of another.

Inst. 1. 2. 3; Bracton, 4b; Co. Litt. 116.

A service or servitude; a burden imposed by law, or the agreement of parties, upon one estate for the advantage of another, or for the benefit of another person than the owner. Servitus actus, a right of way on horseback or in a carriage.

Inst. 2. 3. pr.

Servitus altius non tollendi, a servitude preventing the owner of a house from building higher than his neighbor.

Inst. 2. 3.

4; Paterson, Comp, Servitus aquae ducendae, a right of leading water to one's own land over that of another.

Inst. 2. 3. pr.

Servitus aquae educendae, a right of conducting water from one's own land unto a neighbor's.

Dig. 8. 3. 29.

Servitus aquae hauriendae, a right of drawing water from another's spring or well.

Inst. 2. 3. 2.

Servitus cloacae mittendae, a right of having a sewer through a neighbor's estate.

Dig. 8. 1. 7.

Servitus fumi immitendi, a right of conducting smoke or vapor through a neighbor's chimney or over his ground.

Dig. 8. 6. 8.

Servitus itineris, a right of way on horseback or in a carriage. This includes a servitus actus.

Inst. 2. 3.

Servitus luminum, a right to have an open place for receiying light into a chamber or other room.

Domat, 1. 1. 4; Dig. 8. 2. 4.

Servitus oneris ferendi, a servitude of supporting a neighbor's building. Servitus pascendi, a right of pasturing one's cattle on another's land.

Inst. 2. 3. 2.

Servitus pecoris ad aquam adpulsam, a right of driving one's cattle on a neighbor's land to water. Servitus praedii rustici, a rural servitude. Servitus praedii urbani, an urban servitude. Servitus praediorum, a servitude on one estate for the benefit of another. See "Praedia." Servitus projiciendi, a right of building a projection into the open space belonging to a neighbor.

Dig 8. 2. 2.

Servitus prospectus, a right of prospect.

Dig. 8. 2. 15.

This may be either to give one a free prospect over his neighbor's land or to prevent a neighbor from having a prospect over one's own land.

Domat. 1. 1.

6, Servitus stillioidii, a right of having the Servitus tigni imm UeTidi, a right of inserting beams in a neighbor's wall.

Inst. 2. 3. 1. 4; Dig. 8. 2. 2.

Servitus viae, a right of way on foot or horseback, or with a loaded beast or wagon, over a neighbor's estate.

Inst. 2. 3. See, generally, Inst. 2. 3; Dig. 8.

2; Diet, de Jur.; Domat, Civ. Law; Bell, Diet.; Washb. Easem. SERVITUS EST CONSTITUTIO JURE gentium qua quis domino alieno contra naturam subjicitur. Slavery is an institution by the law of nations, by which a man is subjected to the dominion of another, contrary to nature.

Inst. 1. 3. 2; Co. Litt. 116.

SERVITUS NE LUMINIBUS OFFICIAtur

A servitude not to hinder lights; the right of having one's lights or windows unobstructed or darkened by a neighbor's building, etc.

Inst. 2. 3. 4.

SERVITUS NE PROSPECTUS OFFENDatur

A servitude not to obstruct one's prospect.

Dig. 8. 2. 15.