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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.