Kinds e.g., a right to way, of

Kinds of Servitude:

Servitude may be cither private or public. The former is vested in a determinate individual or individuals, e.g., a right to way, of light or support; while the latter is vested in the public at large or in some class of indeterminate individuals, e.g., the right of the public to a highway over private land or to navigate a river belong­ing to a private individual.

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Servitudes may also be classified as appurtenant or in gross. The former besides being an encumbrance of one piece of land is also accessory to another piece. It is a right of using another’s land for the benefit of one’s own land.

Thus, right to light, right of support for a building and right to way from my house to the high road across my neighbour’s field are examples or servitudes-appurtenant.

A servitude-in-gross is not at­tached or accessory to any dominant tenement at all. Private rights of fishing, pasturage or mining, and a public right of way or navigation furnish examples of this type of servitude.

Professor Paton further divides servitudes into real servitudes and personal servitudes. The former inhere in a person only as owner of a particular piece of property: the latter inhere in a particular person as such and not merely in a person as the owner of certain land, e.g., such rights of enjoyment being exercisable by a given individual as such over the property of another.

In the former, if Jones, who is the owner of Blacker and has the power to cross Greenacres, sells Black- acre to Robinson, Jones loses the power to cross Greenacres and Rob­inson acquires it. Professor Paton gives the examples of the latter usufruct, uses and habitation, which are based on post-classical writing in Roman law.

Servitudes may also be classified as positive or negative; con­tinuous or discontinuous; rural or urban; and apparent or non-apparent.