servitude


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servitude

1. Law a burden attaching to an estate for the benefit of an adjoining estate or of some definite person
2. short for penal servitude

Servitude

 

a special kind of real right, namely, the right with respect to a thing by virtue of which the thing is subject to use by another person within prescribed limits or by virtue of which its owner is subject to prescribed limitations.

Servitudes originated in Roman law, in the need for legal regulation of private property owners’ conflicting interests. Land easement, or praedial servitude—for example, the right to transport water across a neighbor’s land—antedated other servitudes. Roman jurisprudence also recognized personal servitudes, such as usufruct, the right of lifelong use of another’s possession.

In the epoch of feudalism, various kinds of servitudes were recognized in countries that had adopted Roman law. Bourgeois law also retained and systematized servitudes; in the 20th century the law in several bourgeois countries incorporated several servitudes, those pertaining to the industrial use of land, for example, for the laying of pipelines or the construction of power lines.

In diplomatic practice and international law, the term “servitude” refers to specific limitations on the territorial rights of one state with respect to use by another state. Examples of international servitudes are settlements possessing extraterritorial rights, military bases on foreign soil, and the right of transit through canals.

References in periodicals archive ?
16A A servitude right to lay a surface water drainage pipe under 173 square metres or thereby of undeveloped scrub land located at the edge of the White Cart Water, 120m or thereby south of the entrance to Inchinnan Cruising Club, Inchinnan Road, Renfrew together with all necessary servitude rights of access at all times for pedestrians and vehicles (including heavy vehicles and equipment) for the purpose of constructing, maintaining, repairing, improving and renewing said surface water drainage pipe from the realigned Abbotsinch Road to the White Cart Water.
16B A servitude right to lay a surface water drainage pipe under 272 square metres or thereby of undeveloped scrub land located between plot 15 and the White Cart Bridge, 24m or thereby south of the White Cart Bridge together with all necessary servitude rights of access at all times for pedestrians and vehicles (including heavy vehicles and equipment) for the purpose of constructing, maintaining, repairing, improving and renewing said surface water drainage pipe from the proposed cycleway (plot 15) to the White Cart Water.
The sexual servitude charge carried up to a 30-year prison term; the traveling to meet a minor charge was punishable by up to five years with probation as an option.
Trois instruments sont principalement utilises au Quebec en raison de leur capacite a proteger de maniere durable les espaces naturels quebecois : la fiducie d'utilite sociale, la servitude de conservation et la copropriete indivise.
La servitude de conservation : un vehicule audacieux mais fragile A.
Le parti pris de ce numero, comme l'illustre son titre, est de penser en termes de <<situations contemporaines de servitude et d'esclavage>>.
C'est pourquoi ce numero a'Anthropologie et Societes se propose de contribuer aux reflexions anthropologiques sur les situations contemporaines de servitude et d'esclavage, en etudiant de maniere systematique diverses situations dans differents contextes socioculturels et geographiques pour degager les elements structurants d'un cadre reflexif pour penser l'esclavage moderne.
He appeared in front of magistrates in Shropshire on Saturday charged with holding a person in slavery or servitude contrary to the Modern Slavery Act.
The study details four other forms of African American captivity that existed in the United States during the same period as slavery: incarceration, enslavement to Native Americans, child indentured servitude, and maritime capture.
He denied two charges of "slavery or servitude and forced or compulsory labour" yesterday.
Flinter faces charges that include invasion of personal privacy, second-degree subjecting another person to involuntary servitude, trafficking of persons, and conspiracy.
LOUISIANA SERVITUDE LAW AND THE MISPLACED POLICY AGAINST