Positive Servitude Law and Legal Definition

A positive servitude is a real servitude that allows a person to do something on the servient landowner’s property. For example, a positive servitude permits the servient holder to walk on the servient landowner’s property.

The following is an example of a state statute (Puerto Rico) defining the term.

According to 31 L.P.R.A. § 1635, a positive servitude is one which imposes upon the owner of the servient tenement the obligation of allowing something to be done or of doing it himself, and a negative servitude is one which prohibits the owner of the servient tenement doing something which would be licit for him to do if the servitude did not exist.