ARTICLE · 04 NOVEMBER 2024

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What Is A Right Of Way Servitude?

Barnard Inc.

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A servitude of right of way is a legal mechanism that grants a person the right to pass through another person's property.

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A servitude of right of way is a legal mechanism that grants a person the right to pass through another person's property. This type of servitude is commonly used when a property does not have direct access to a public road, and the owner must cross a portion of a neighbouring property to reach it. Understanding the particulars of this servitude is important for both property owners and those benefiting from the access it provides.

Types of Right of Way Servitudes:

Negative Servitude: This servitude restricts the servient property owner (the property owner whose land is crossed) from doing certain things that would interfere with the right of way, such as locking a gate or obstructing the entrance.

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