ANUSHA JEDIDIAH

NOTARY PUBLIC
DURBAN
SOUTH AFRICA

TEL : +27 (0)31 4647073
   Home      Notarial Servitudes
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.