Servitude
- An umbrella term for all types of promises that are binding on future landowners as well as the landowner making the promises. Both easements and restrictive covenants are included within this single concept. Servitudes create rights and obligations that run with the land. Running with the land means that the right or obligation passes automatically to successive owners or occupiers of the land or the interest in land with which the right or obligation runs. Rights and obligations that run with the land are useful because they create land-use arrangements that remain intact despite changes in ownership of the land. Servitudes permit the creation of neighborhoods restricted to particular uses, providing a private alternative to zoning; they permit property to be used as a basis for financing infrastructure, providing a private alternative to taxation; and they permit the creation of stable arrangements for shared use of land, providing an alternative to acquisition of fee-simple interests for transportation corridors and natural-resource exploitation. Although these are the most common uses of servitudes, they are not exclusive. Servitudes may be used for any purpose that is not illegal or against public policy. Servitudes are widely used in land development because they can be individually tailored to meet the needs of particular projects. They are widely used for roads, utilities, pipelines, and natural-resource exploitation because they are less expensive than acquisition in fee.
