What is a servitude in property law?

A servitude is a legal right attached to a property that either restricts the owner's use of the property or grants someone else rights to use it in a specific manner.

How can a conveyancing lawyer help with servitudes?

Conveyancing lawyers can assist with the creation, registration, interpretation, and resolution of disputes related to servitudes.

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We connect you with experienced and qualified conveyancing lawyers in Cape Town who can assist with your servitude-related legal needs.

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Need help with a servitude? We can connect you with experienced conveyancing lawyers in Cape Town. Learn more about servitudes and how our free referral service can assist you.

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Servitude | Conveyancing terms

A servitude is a limited legal right that somebody has over a property (such as a house or land); even though they don't own the property. The servitude either:

restricts the owner from using the property in a particular way (e.g. preventing construction).
provides a right to a person to use the property in a particular way (e.g. a right of access)

The servitude is linked to the property, so even if the owner sells the property to a third party, the new owner's right to use the property will still be subject to the servitude.

If you are buying or selling a property, it's important that you are fully aware of any servitudes on it; as they can impact the value of the property compared to what it would be worth without any servitudes on it (e.g. use this usufruct value calculator to see what an impact an usufruct may have on the value of a property).

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Types of servitudes

Personal Servitudes are granted to a specific person; for example:
- Usus
- Habitatio
- Usufructs
Praedial Servitudes; for example:
- water rights
- light and air rights
- rights of passage
- rights of laying infrastructure (e.g. pipes)
- rights to allow animals to graze

Path serving multiple houses with a notarial deed of servitude

"Dominant tenement" & "servient tenement"

The person that benefits from and holds the servitude is known as the "dominant tenement".
The property that is burdened by the servitude is known as the "servient tenement".

How to create a servitude

Legislators may lay down a servitude in law
By setting up a contract, and this might be formalised through a Notarial Deed of Servitude. It is important to formalise a servitude via a Notarial Deed so that future owners of the property are fully bound by it.
By prescription (if somebody has been using the land in a certain way for long enough, they may acquire a legal right to continue to do so)

Even if it is not specifically mentioned that a servitude is being created, sometimes contracts and law may create a servitude bty implication (e.g. subdividing property with cables crossing over the various properties).

Notarial deed of servitude for a property in Cape Town

Property Buy/Sell/Transfer/Usufruct

Property transfer & sale Info

Sellers of property & buyers, speak to a property lawyer before you hire an estate agent!

The property transfer process in South Africa - protect your interests.
Conveyancing lawyers in Cape Town.
- Checklist to help you identify the best conveyancer near you.
- Bellville conveyancing attorneys
- Blouberg conveyancing attorneys
- Milnerton conveyancing attorneys
- Pinelands conveyancing attorneys
- Tableview conveyancing attorneys
Transfer costs calculator for property anywhere in South Africa.
Deeds Registeries Act.
Servitudes
- Usufruct Agreement on Property in South African law.
  - Usufruct value calculator (only one in South Africa)
Land conveyancing
Transfer attorney vs bond attorney.
Commercial Property:
- Transferring property as a going concern.
- Commercial Property conveyancing quote
Marriage/Divorce-related:
- How to transfer property from husband to wife (or vice versa); whilst still married (ie not getting divorced).
  - Donation of property agreement not followed through.
  - When property is erroneously in your spouse's name.
- "Protection" of fixed property using a trust.
- Conveyancers conduct the transfer of property ownership from one spouse to another (or to a third party, if relevant).
- Liquidator to sell property & divide proceeds as part of divorce.
Property sales
- Use conveyancer to guide your private property sale.
- Instead of using real estate agents rather use professional lawyers to sell your property.
- Urgent house sale.
- How to check whether an estate agent is licensed.
- Example of a property sales agreement.
- FLISP Housing subsidies.
- Property practitioner's Act.
- Code to guide conduct of property practitioners.
Property purchases
- Scams property purchasers should watch out for.
- Home loan repayments calculator, with an estimate of the adjustment to prime to reflect the borrower's credit risk profile.
Terminology

Conveyancing & property transfer discussion forum

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