Urban Servitude Law and Legal Definition

Urban servitude is a servitude appertaining to the construction of houses in a city. For example, right to light and air.

A dedicatee can put a property dedicated to a public use to all customary uses within the definition of the use. And streets may be used for many purposes other than that of travel, such as the construction of sewers and drains, the laying of gas and water lines, the erection of telephone and telegraph wires, and a variety of other improvements such as the installation of sidewalks, the growing of grass, flowers, and trees for the purpose of beautification and ornamentation, beneath, upon, and above the surface, to which in modern times they have been subjected and which are commonly called urban servitudes. [Franklin v. Board of Lights & Water Works, 212 Ga. 757 (Ga. 1956)].

The following is an example of Puerto Rico law on Urban Servitude:

12 L.P.R.A. § 747. Urban servitudes

Urban servitudes for an aqueduct, canal, bridge, sewer, drain, and other servitudes, established for the public or private service of towns, buildings, gardens, or factories, shall be governed by the general and local urban police ordinances.

Servitudes growing out of private contracts not affecting the powers of the municipal corporations shall be governed by the common laws.