Exam (elaborations)
Roman Law - Tutorial 4_ Servitudes (1).
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Roman Law - Tutorial 4_ Servitudes (1).
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Roman Law - Tutorial 4: ServitudesA right in rem, less than ownership, over another's property. - ANS-Definition of servitudes
1. Another's property
2. Benefits the owner
3. Cannot be "possessed"
4. Duties imposed cannot be active duties
5. Exercised reasonably - ANS-General principles of servitudes
Praedial servitudes and personal servitudes - ANS-Types of servitudes
A right in rem, less than ownership, over another's estate, attached to one's own estate. -
ANS-Definition of praedial servitudes
A right in rem, less than ownership, over another's property, attached to the person. -
ANS-Definition of personal servitudes
Urban servitudes and rural servitudes - ANS-Types of praedial servitudes
1. Iter - the right of passage on foot.
2. Actus - the right of tier + the right to lead a beast of burden or vehicle across the servient
estate.
3. Via - the general right right of passage, including iter and actus
4. Aquaeductus - the right to transport water across the servient estate - ANS-Types of rural
servitudes
1. Must have own estate for the servitude to attach to
2. In some cases the servient estate and the dominant estate must be adjacent (to fulfil the
requirement that the servitude must benefit the dominant estate). - ANS-Requirements for
praedial servitudes
1. Attaches to the land not the person - any subsequent owners of the dominant estate my
exercise the right against any subsequent owners of the servient estate (dominant estate is thus
more valuable than if it was a contract)
2. Perpetual (but terminated in other ways) - ANS-Advantages of praedial servitudes
1. Difficult for potential buyers to know what servitudes a land is burdened with due to the lack of
a registration system.
2. Diminishes the value of the servient estate (though since no active duties could be imposed
the problem was mitigated slightly) - ANS-Disadvantages of praedial servitudes
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