Predial Servitude Law and Legal Definition

A predial servitude is a burden on the servient estate for the benefit of the dominant estate. It may be negative, disallowing an act or use, such as industrial use, or affirmative, allowing the servient estate to be used for a particular purpose, such as right of way, drainage, etc. It is similar to an easement appurtenant.

A predial servitude is transferred along with the ownership of the dominant estate, and the servient estate is always taken subject to the servitude. A predial servitude cannot be transferred separately from the dominant estate.