ANUSHA JEDIDIAH
NOTARY PUBLIC
DURBAN
SOUTH AFRICA
TEL : +27 (0)31 4647073
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A servitude in land allows a person who holds the right to use land that belongs to someone else. Servitudes can be registered in the Deeds Office by creating a right over the property .Servitudes over land are either praedial or personal.
Praedial servitudes could be for:
- a Right of way
- right of grazing
- right of stock watering
- right to collect wood, sand
- right to build and maintain power lines
- right of aqueduct
- right to remove refuse
Personal servitudes apply only to a specific person and lapses when the person dies or when the time it was created for lapses. Examples of personal servitudes are:
- Usufructs- a usufructary right can be created over property in favour of someone else that does not own the property to use it and collect the fruits
- usus- The user can use the property and only take the fruits he needs.
- Habitio- Allows the user to live in someone elses house without impairing it.
Praedial servitudes could be for:
- a Right of way
- right of grazing
- right of stock watering
- right to collect wood, sand
- right to build and maintain power lines
- right of aqueduct
- right to remove refuse
Personal servitudes apply only to a specific person and lapses when the person dies or when the time it was created for lapses. Examples of personal servitudes are:
- Usufructs- a usufructary right can be created over property in favour of someone else that does not own the property to use it and collect the fruits
- usus- The user can use the property and only take the fruits he needs.
- Habitio- Allows the user to live in someone elses house without impairing it.