Easements
Easements
A servitude is a limited right in rem that allows total or partial use or enjoyment of property that is not one's own. In a way, it is a restriction imposed on the property of another owner. Easements impose a passive attitude on the owner, i.e. to tolerate or refrain from certain acts of use and/or enjoyment of the property. By definition, easements over land are imposed on an immovable in favour of another immovable and oblige the owner of the "servient" land to tolerate certain acts of use by the owner of the "dominant" land, or to refrain from exercising certain rights inherent in his property. Ownership of the easement is therefore attached to the land itself. These easements must be recorded and drawn on a plan in the Land Register. They must be authenticated, i.e. recorded before a notary. However, in the case of a personal easement, it is the person who holds the easement who is the beneficiary, who must exercise his or her right in the least harmful way possible, and the encumbered owner, i.e. the servient land, may not in any way prevent or render more inconvenient the exercise of the easement. To sum up, if the land you are interested in is subject to an easement, for example in favour of the neighbouring land, the easement will apply regardless of the current or future identity of the owner, tenant or occupier. If, on the other hand, the easement is personal, then when the neighbour in this example sells his land, the easement will be extinguished. To carry out your investigation, simply consult the plan filed with the Land Registry, which will enable you to see the extent of the easement and what it means to tolerate on the land.
