Servitude

The servitude is a division of the right of ownership. It is a charge resting upon one property, the servient land, for the benefit or advantage of another property, the dominant land, which belongs to a different owner. A servitude therefore requires the owner of the servient land to tolerate certain acts of use by the owner of the dominant land or to himself refrain from exercising certain rights arising from the ownership.

Thus, in the case of a servitude of right of way, the owner of the servient land will allow the owner of the dominant land to pass through his land using the site of the right of way described in the deed creating the servitude. The owner of the servient land shall also refrain from blocking the way or building on the site of that servitude.