What Happens When Servitudes in Property?

Servitudes run with the land, meaning they bind successors to the estate. They can be enforced by the dominant estate owner and must be respected by the servient estate owner, provided they are validly created.

Servitudes are legal privileges granted in relation to the use of land, often arising in two principal types: easements and real covenants. When servitudes are established, they typically bind both the current property owner and subsequent purchasers, due to the principle of 'running with the land.' This means that future owners of the servient estate must honor the terms of the servitude, as long as they are properly recorded and meet state law requirements regarding enforceability.

In the case of easements, the dominant tenement enjoys benefits from the servient tenement and may exercise this right for a particular use, such as accessing a shared driveway or utility lines. Easements are generally either appurtenant (benefiting a specific parcel of land) or in gross (benefiting an individual or entity rather than a parcel of land).

On the other hand, real covenants impose restrictions or requirements regarding the use of land, typically concerning property improvements or maintaining certain standards. While all parties owning land within a subdivision might agree to a real covenant, whether the burden runs with the land can involve complex legal analysis regarding intent, notice, and privity.

For a servitude to be enforceable, it must satisfy specific criteria, including but not limited to lawful purpose, reasonable scope, and, in some jurisdictions, being recorded in the local property records. Additionally, changes in circumstances may lead to the modification or termination of servitudes, particularly if the original purposes can no longer be fulfilled. Thus, understanding the creation, enforcement, and potential extinguishment of servitudes is crucial for property law practitioners.

In summary, when dealing with servitudes in property, it's essential for parties to comprehend their rights and obligations, as well as the potential impacts on property value and usage, while maintaining adherence to legal protocols for stability in real estate transactions.

• 1Easement v. License (Year) - Distinction between enforceable easements and mere licenses.
• 2Spencer's Case (1583) - Early case establishing principles governing the transfer of covenants with land.
• 3Shelley's Case (1581) - Landmark ruling discussing the rules regarding property vesting and lateral rights.
• 4Tulk v. Moxhay (1848) - Clarified the enforcement of equitable servitudes.
• 5Restatement (Third) of Property: Servitudes (2000) - Modern synthesis of servitude law principles.

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