Louisiana Servitude Agreement
Overview of this form
The Servitude Agreement is a legal document used to convey a servitude or right of way across specified property. This form outlines the rights and restrictions related to the usage and location of the servitude. Unlike other property agreements, it is specifically designed for the establishment of servitudes, offering clear terms defined by Louisiana law to ensure compliance and clarity between parties involved.
Key parts of this document
- Identification of the grantor(s) and grantee, including Tax Identification Numbers.
- Description of the property affected by the servitude.
- Details of the servitude, including location and purpose.
- Provision regarding construction and maintenance responsibilities.
- Restrictions on use, including limitations on hazardous substances.
- Signatures of the parties and notarization details.
Situations where this form applies
This form is needed when a property owner (grantor) agrees to grant a right of way or servitude to another party (grantee). It is commonly used in scenarios such as allowing utility companies to run lines, permitting access for road construction, or enabling other necessary installations on the property. Utilizing this form ensures that both parties are aware of their rights and obligations concerning the servitude.
Who should use this form
- Property owners wishing to grant a servitude to another party.
- Individuals or businesses seeking access rights across another's property.
- Legal representatives facilitating property transactions involving servitudes.
How to prepare this document
- Identify and enter the names of all grantors and the grantee, including Tax Identification Numbers.
- Clearly describe the property that is subject to the servitude.
- Specify the purpose of the servitude and any improvements involved.
- Detail the exact location of the servitude on the property.
- State any restrictions regarding the use of the servitude.
- Sign and date the agreement in the presence of a notary public.
Notarization requirements for this form
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
Common mistakes
- Failing to include complete and accurate property descriptions.
- Not specifying all limitations and restrictions in detail.
- Neglecting to get the document notarized, if required by local laws.
- Leaving out Tax Identification Numbers for the grantor(s) or grantee.
Advantages of online completion
- Convenience of accessing and downloading the form at any time.
- Editability allows for customization to fit specific needs.
- Reliability and accuracy as the form is drafted by licensed attorneys.
Form popularity
FAQ
A praedial servitude is terminated by: Agreement A bilateral notiarial deed is required. Abandonment. At present the practice is to call for a notarial deed between the parties as there is no provision for cancellation on application, as in the case of personal servitudes which have been abandoned (section 68).
Easement is a common law term; servitude is a civil law term.However, generally speaking, an easement and a servitude perform the same function. Each of them create a right against a parcel of property that can be asserted by another person who is not the owner of the parcel.
Although the terms servitude and easement are sometimes used as synonyms, the two concepts differ. A servitude relates to the servient estate or the burdened land, whereas an EASEMENT refers to the dominant estate, which is the land benefited by the right.
DEFINITION OF A SERVITUDE: A servitude is a legal device that creates a right or an obligation in land; it can also be an interest in land. Put differently, a servitude is an interest in another's possessory estate in land, entitling the holder of the servitude to make some use of another's property.
No large-rooted trees may be planted within the servitude area. No buildings or other structures may be erected within the servitude area.
