In modern law, a mineral lease or other contractual agreement is a more common way of acquiring rights to someone else's land ownership than an easement. An easement is an interest that is separated from the ownership of a lower property (servile estate) and attached to a higher property (dominant asset) or to some person (personal beneficiary). When the servile property exists but it cannot be determined who the servile owner is, and when the law allows it, a right of servitude can be granted to the dominant owner. This means that the customary law of easements corresponds in an imperfect way to the Roman law on easements. Servitude (praedial) is an incorporeal inheritance that burdens a servient asset (praedium serviens) for the benefit of a dominant asset (praedium dominans) to protect the owner in their own rights to the use or enjoyment of the property.
Under Quebec law, servitude is a real right that excludes third parties and that is created sui generis, by agreement (ex contractu) or by application of the law (ex lege). Servitude cannot impose on the owner of the taxed property the performance of a positive duty, but only the obligation to refrain from exercising certain rights to which the landlord might otherwise be entitled (negative easement) or from allowing certain things to be done to his property that, otherwise, the owner might have the right to prohibit or resist (positive easement). Of land) is the only full real right, while servitude is a real right that is subordinate to road maps, real burdens (i.As an expert in US property rights law, I can tell you that there are two main types of servitudes recognized by US law: negative and positive. Negative servitudes are those that restrict certain activities on a piece of land, such as prohibiting construction or limiting access.
Positive servitudes are those that grant certain rights to another party, such as granting access to a road or allowing construction on another's land. Both types of servitudes are legally binding and can be enforced in court. In addition to these two main types of servitudes, there are also other types of servitudes recognized by US law. These include prescriptive easements, which are created when someone has been using another's land for a certain period of time without permission; implied easements, which are created when two pieces of land were once part of one larger piece; and equitable servitudes, which are created when two parties agree on certain restrictions on one party's land. Servitudes are an important part of US property rights law and can be used to protect both parties involved in a transaction. It is important for anyone involved in a transaction involving land to understand their rights and obligations under US property rights law.
