SERVITUDE, civil law. A term which indicates the subjection of one person to
another person, or of a person to a thing, or of a thing to a person, or of
a thing to a thing.
2. Hence servitudes are divided into real, personal, and mixed. Lois
des Bat. P. 1, c. 1.
3. A real or predial servitude is a charge laid on an estate for the
use and utility of another estate belonging to another proprietor. Louis.
Code, art. 643. When used without any adjunct, the word servitude means a
real or predial servitude. Lois des Bat. P. 1, c. 1.
4. The subjection of one person to another is a purely personal
servitude; if it exists in the right of property which a person exercises
over another, it is slavery. When the subjection of one person to another is
not slavery, it consists simply in the right of requiring of another what he
is bound to do, or not to do; this right arises from all kinds of contracts
or quasi con tracts. Lois des Bat. P. 1, c. 1, art. 1.
5. The subjection of persons to things or of things to persons, are
mixed servitudes. Lois des Bat. P. 1, c. 1, art. 2.
6. Real servitudes are divided into rural and urban. Rural servitudes
are those which are due by an estate to another estate, such as the right of
passage over the serving estate, or that which owes the servitude, or to
draw water from it, or to water cattle there, or to take coal, lime and wood
from it, and the like. Urban servitudes are those which are established over
a building fur the convenience of another, such as the right of resting the
joists in the wall of the serving building, of opening windows which
overlook the serving estate, and the like. Dict. de Jurisp. tit. Servitudes.
See, generally, Lois des Bat. Part 1 Louis. Code, tit. 4; Code Civil, B. 2,
tit. 4; This Dict. tit. Ancient Lights; Easements; Ways; Lalaure, Des
, bond service
, debt slavery
, deprivation of freedom