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Servitude, In property law, a right by which property owned by one person is subject to a specified use or enjoyment by another.
The servitude of passage is the right for the benefit of the dominant estate whereby persons, animals, utilities, or vehicles are permitted to pass through the servient estate.
Landlocked landowners in Louisiana can now hookup to utilities on their neighbor's property. Previously, the enclosed landowner could cross a neighbor's property only to obtain access to a road. However, it is not an unrestrained right and is not free.
Examples of legal servitudes include restrictions on certain uses of the shores of navigable rivers and the obligation of an owner to provide a passage to an enclosed estate. For instance, a landowner may be required to provide a pathway for the public to access a nearby beach.
Servitudes usually arise out of agreements between owners and users but may also be created by prescription (i.e., by open use of someone else's property for a specified period of time) or by eminent domain (i.e., government appropriation of private property for public use).
Joint Tenants With Rights of Survivorship (JTWROS) In Louisiana, the default form of co-ownership gives each co-owner the ability to pass by will or inheritance the co-owner's undivided interest in the property. There is no right of survivorship for the remaining co-owners.
Article 699 states that the owner of enclosed lands may claim a right of passage to the nearest public road, railroad, tramroad, or water course.
A conservation servitude, known as a conservation easement in other states, is a voluntary deeded restriction on your property that prevents it from being developed in certain ways. However, it does not mean that you relinquish ownership of the property. You can still sell, mortgage, and pass the land to your children.